Search Results for "CPC Amendment Act 2002"

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession.

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they we...

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Bombay High Court Strikes Down Gender-Discriminatory Amendment to CPC Service Rule. Bombay Amendment to Order V Rule 15 CPC Held Ultra Vires and Unconstitutional for Restricting Service to Adult Male Members Only.

The case arose from a Letters Patent Appeal where the appellant sought to serve notice on respondent no.5. The bailiff returned the notice unserved be...

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Bombay High Court Allows Revision Application in Civil Procedure Matter — Section 9A CPC Repealed. Preliminary Issue on Jurisdiction Cannot Be Decided Under Repealed Provision; Trial Court Directed to Decide Jurisdiction Along with Other Issues.

The case involves a Civil Revision Application filed by Madhuri Prabhakar Patole against Aruna Satishchandra Gaikwad, challenging an order of the Civi...