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Search Results for "Rejection of plaint"

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High Court

High Court of Karnataka Dismisses Election Petition Challenging MLC Election Due to Non-Compliance with Section 81 of Representation of People Act, 1951 — Petition Filed Beyond Limitation and Lacks Material Facts. The court held that the election petition must be filed within 45 days from the date of election and must contain material facts; failure to do so results in rejection under Order VII Rule 11 CPC.

18 Feb 2021

The petitioner, Shri Ravi Shivappa Padasalagi @ Savadi, filed an election petition under Section 81 read with Section 100(1)(d)(iv) of the Representat...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Rejects Plaint in Partition Suit for Non-Disclosure of Cause of Action and Bar by Limitation. Daughter-in-law's suit for partition of ancestral property dismissed as she is not a coparcener and claim is time-barred under Order VII Rule 11(a) and (d) CPC.

4 Oct 2005

The plaintiff, Smt. Jayashree Ashok Goregaonkar, filed a suit for partition against the defendants, including Kanta Chandrakant Mhatre and others. The...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Forest Land Dispute — Non-Compliance of Section 114(A) Notice Not Fatal at Threshold Stage. Notice under Section 114(A) of Karnataka Forest Act, 1963 is procedural and not a bar to maintainability of suit for declaration and injunction.

24 Nov 2021

The appellants, Sidramayya and Roopa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Upholds Rejection of Plaint in Recovery Suit as Time-Barred Under Order VII Rule 11 CPC. Claim for Damages for Short Delivery of Goods Filed Beyond Three-Year Limitation Period Under Article 11 of Limitation Act, 1963.

12 Aug 2005

The appeal was filed by Reliance Industries Limited against the order of the Civil Judge, Senior Division, Panvel, dated 21/3/1998, rejecting the plai...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Property Dispute — Suit Not Barred by Limitation or Res Judicata. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint under Order VII Rule 11 CPC.

4 Sep 2020

The appellant, Siddesh B.T. Umesh, filed a suit (O.S.No.2366/2018) before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a decla...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11(a) CPC Set Aside as Plaint Discloses Cause of Action. The court held that the plaint must be read as a whole and if it discloses a cause of action, the plaint cannot be rejected under Order 7 Rule 11(a) CPC.

6 Jul 2020

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction against the respondents (defendants) in O.S. No. 69/2016 before the...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Rejects Application Under Order 7 Rule 11 CPC for Rejection of Plaint as Not Maintainable. Court Holds That Issues of Limitation and Bar of Suit Are Mixed Questions of Fact and Law Requiring Trial, Not Summary Rejection.

10 Jul 2020

The appellant, M/s. Sai Srinivasa Properties and Technologies Pvt. Ltd., filed a suit before the trial court seeking specific performance of an agreem...

High Court

Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

17 Dec 2019

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

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