Search Results for "Rejection of plaint"

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High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Communidade Property Suit. Order VII Rule 11(a) CPC Application Dismissed as Plaint Disclosed Cause of Action Under Code of Comunidades.

The petitioner, M/s. Zuari Industries Ltd., filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 20th March 200...

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High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...

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Bombay High Court Dismisses Appeal in Property Dispute Over Succession and Title — Upholds Trial Court's Finding That Plaintiff Failed to Prove Ownership. Succession Certificate Not Conclusive Proof of Title; Plaintiff Must Establish Independent Right to Property.

The appellant, Madhukar Venkatesh Ullal, filed a suit in the Bombay High Court seeking declaration of title and possession of a property. He claimed t...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...