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Search Results for "order vii rule 11"

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Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 CPC Application in Property Suit — Plaint Discloses Cause of Action and Is Not Barred by Limitation.

1 Jan 2026

The present appeal arises from a property dispute over Plot No. 1480 in Ulhasnagar, Maharashtra. The appellants, original defendants, challenged the r...

Supreme Court

Supreme Court Allows Probate Appeal in Succession Matter: Limitation Not a Bar to Probate Application Under Indian Succession Act, 1925. The right to apply for probate is a continuing right and Article 137 of Limitation Act, 1963 does not bar an application filed within a reasonable time after the testator's death.

1 Jan 2026

The appeal arises from a probate application filed by Bhudeo Prasad Singh for the probate of a Will dated 15th April 1995 executed by Shrilal Singhani...

High Court

Bombay High Court Allows Application for Dismissal of Election Petition for Non-Disclosure of Cause of Action — Alleged Defects in Nomination Papers Not Substantial Under Representation of the People Act, 1951. Court held that failure to plead material facts and material effect on election result warrants rejection under Order VII Rule 11 CPC.

15 Oct 2024

The present application was filed by the returned candidate, Anil Yeshwant Desai, who was Respondent No.1 in the Election Petition, seeking dismissal ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Condonation of Delay in Filing Written Statement — Filing of Order VII Rule 11 Application Does Not Extend Time for Written Statement Under Order VIII Rule 1 CPC.

2 Aug 2024

The Petitioner, a defendant in a civil suit, challenged the Trial Court's order dated 11.12.2023 rejecting his application for condonation of delay in...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

25 Jan 2019

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact.

2 Jan 2018

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four...

High Court

High Court of Karnataka Allows Appeal in Civil Procedure Case — Holds That Order VII Rule 11 CPC Permits Only Rejection of Plaint as a Whole. Partial rejection of a plaint is not permissible in law under Order VII Rule 11 of the Code of Civil Procedure, 1908.

28 Jun 2018

The appeal arises from an order dated 05.04.2016 passed by the 42nd Additional City Civil and Sessions Judge, Bangalore on I.A.No.37 in O.S.No.8068/20...

High Court

Bombay High Court Dismisses Revision Applications Against Rejection of Plaint Rejection Application in Partition Suit. Court holds that issues of limitation and cause of action are mixed questions of law and fact requiring trial under Order VII Rule 11 CPC.

24 Feb 2025

The judgment arises from two Civil Revision Applications (CRA No. 12/2024 and CRA No. 13/2024) filed by defendants in a partition suit (RCS No. 78/202...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

9 Aug 2024

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

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