Search Results for "Plaint rejection"

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Search Results for "Plaint rejection"

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High Court

High Court Dismisses Civil Revision Petition in Contract Dispute - Limitation Issue for Damages Suit Held to be Mixed Question of Law and Fact - Trial Court Order Rejecting Plaint Rejection Application Under Order VII Rule 11(d) CPC Upheld

20 Feb 2026

The petitioner company challenged termination of contract dated 26.04.2012 through writ proceedings which were dismissed -- The respondents filed suit...

Supreme Court

Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

15 Apr 2025

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

9 Jul 2024

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Defendant's Right to Raise Jurisdictional Objection Not Waived by Filing Written Statement. The court held that Order VIII Rule 1 of the Code of Civil Procedure, 1908 does not bar a defendant from raising a jurisdictional objection after filing a written statement, and that the trial court must decide such objection as a preliminary issue under Section 9A of the CPC.

14 Jul 2023

The appellant, Niloufer Soli Lam, was the original defendant in a suit filed by the respondent, Zarir Pesi Bharucha, seeking possession and mesne prof...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Partnership Registration Not Decisive at Plaint Stage. The court held that rejection of plaint cannot be based on materials outside the plaint; defendant must lead evidence to prove bar under Section 69 of Indian Partnership Act, 1932.

14 Mar 2023

The appellant, M/s. Gangotri Developers, a registered partnership firm, along with another plaintiff, filed a suit in the Small Cause Court, Pune. The...

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 ...

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

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

17 Mar 2017

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

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