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Search Results for "order vii rule 11"

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High Court

Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

31 Jan 2018

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Disclosure of Cause of Action in Suit for Possession and Mesne Profits. Court holds that plaint must disclose a clear cause of action and that mere assertion of title without factual basis is insufficient under Order VII Rule 11 of the Code of Civil Procedure, 1908.

30 Jan 2018

The case involves a civil revision application filed by the applicants (defendants) challenging the order of the trial court rejecting the plaint file...

High Court

Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

30 Nov -0001

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

High Court

Bombay High Court Allows Plaintiff's Amendment Application in Suit Against Municipal Corporation for Declaration of Ownership and Injunction — Trial Court Erred in Rejecting Amendment as Time-Barred Under Order VI Rule 17 CPC. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of amendment, and that the trial had not commenced as evidence was not yet led.

29 Nov 2017

The petitioner, Nitesh Suresh Jain, original plaintiff, filed Special Civil Suit No. 73 of 2014 against the Jalgaon City Municipal Corporation seeking...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Dismissal in Specific Performance Suit — Directs Trial Court to Frame Limitation as Preliminary Issue. Agreement of Sale Dated 1974, Suit Filed in 2016, Court Finds Prima Facie Bar of Limitation but Allows Issue to Be Decided After Trial.

6 Jul 2017

The petitioners, original defendants, filed a civil revision challenging the order of the Civil Judge, Junior Division, Jalgaon-Jamod, dated 8.7.2016,...

High Court

High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

20 Jul 2017

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Eviction Suit Based on Alleged Admission in Another Suit. Admission in Additional Written Statement in Different Suit Cannot Be Used to Dismiss Eviction Suit Under Order XII Rule 6 CPC as It Is Not Clear and Unambiguous.

6 Jul 2017

The Petitioner, Mr. Firoze Adi Vakil, as Defendant No.1B in RAE & R Suit No.744/1770 of 1992, filed a Writ Petition under Article 227 of the Constitut...

High Court

Bombay High Court Dismisses Chamber Summons for Rejection of Plaint in Testamentary Suit — No Cause of Action for Revocation of Probate. Allegations of non-disclosure of assets and suppression of facts do not constitute fraud under Section 263 of the Indian Succession Act, 1925, and the plaint cannot be rejected under Order VII Rule 11 CPC.

3 Jul 2017

The case involves a Chamber Summons filed by the original defendants (Howard Miranda, Roy Miranda, Arlene Miranda, and Ginnette Fernandes) in a Testam...

High Court

Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

23 Sep 2024

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 Application in Election Petition — Holds That Allegations of False Declaration and Suppression in Form-26 Disclose Triable Issues Under Section 100(1)(b) and (d)(i) of RP Act. The Court ruled that the Election Petition cannot be rejected at the threshold as it contains material facts and raises triable issues regarding corrupt practice and improper acceptance of nomination.

22 Apr 2024

The Supreme Court dismissed the appeal filed by Karim Uddin Barbhuiya, the returned candidate, against the Gauhati High Court's order dismissing his a...

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