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Search Results for "Rejection of plaint"

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High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Plea in Specific Performance Suit — Non-joinder of Co-purchaser Cured by Amendment. Court held that objection to non-joinder under Order I Rule 1 CPC was belated and plaint cannot be rejected under Order VII Rule 11 CPC after amendment allowed.

17 Oct 2013

The case arises from a civil revision application filed by the defendants (petitioners) challenging an order dated 24th January 2012 passed by the tri...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Partition Suit for Lack of Leave Under Clause XII of Letters Patent. Court holds that leave under Clause XII is not required when part of cause of action arises within jurisdiction and suit is for partition of immovable property situated partly within and partly outside jurisdiction.

11 Oct 2013

The plaintiff, Shyam Balkishan Chandak, filed a suit for partition and separate possession of immovable properties against his mother and siblings. Th...

High Court

Bombay High Court Dismisses Appeals Upholding Rejection of Plaint for Non-Compliance with Mandatory Pre-Suit Notices Under MMC Act and MCS Act. Failure to Serve Notice Under Section 527 of Mumbai Municipal Corporation Act, 1888 and Section 164 of Maharashtra Cooperative Societies Act, 1960 on Public Authorities Renders Plaint Liable for Rejection Under Order 11 Rule 7(d) CPC.

25 Oct 2013

The appellants, Noor Mohd. Shami Shaikh and another, filed First Appeals against a common order dated 6.2.2013 passed by the City Civil Judge, Mumbai,...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Land Revenue Entry Dispute — Suit for Declaration Maintainable Despite Bar Under Section 106 of Land Revenue Code. The court held that a civil suit seeking declaration that survey entries are superfluous is not barred by Section 106 of the Land Revenue Code as it does not challenge any order under the Code.

27 Sep 2013

The appellants, Digambar Dattu Dessai and Deepa Dagambar Dessai, filed a civil suit (Civil Suit No. 25 of 2006) before the District Judge, South Goa, ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Disclosed Cause of Action for Declaration and Injunction Regarding Tenancy Rights. The court held that the trial court erred in rejecting the plaint as it raised triable issues concerning tenancy and agreements between defendants.

26 Sep 2013

The appellant, legal heir of Prahladsingh Ramkhilavan Singh, filed appeals against the rejection of plaints in two suits under Order 7 Rule 11 of the ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

2 Sep 2013

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

10 Nov 2022

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

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