Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

6 Sep 2022

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing Rejection of Election Petition Under Order 7 Rule 11 CPC. Election Petition Cannot Be Dismissed for Non-Presentation by Petitioner Himself or Misjoinder of Parties as Defects Are Curable Under Section 17(1) of Karnataka Panchayatraj Act, 1993.

15 Sep 2022

The petitioner, Devandrappa, and respondent No.1, Huligemma, contested the Grama Panchayat election from Nagarhal-3 Constituency under Nagarhal Grama ...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

29 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

High Court

High Court of Bombay at Aurangabad Dismisses Petition Challenging Rejection of Plaint for Non-Payment of Court Fees in Suit for Declaration and Injunction. Court holds that Order VII Rule 11(c) CPC applies when deficit court fees are not paid within the time granted by the court, and the suit is properly rejected.

26 Jul 2013

The petitioners (defendants in the suit) challenged the order of the trial court rejecting the plaint in Regular Civil Suit No.545 of 2006 filed by th...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Municipal Corporation Suit — Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act Can Be Considered Under Order VII Rule 11 CPC. The court held that a suit challenging a notice under Section 260 for unauthorized construction is barred by Section 433A, and the bar can be examined under Order VII Rule 11 even if not apparent from the plaint.

29 Apr 2013

The case involves a civil revision application filed by the Commissioner of Akola Municipal Corporation against an order of the Trial Court rejecting ...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed.

31 Aug 2021

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by ...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

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