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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

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KAHC010480352008_1

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...