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Search Results for "order vii rule 11"

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High Court

High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Not Filed by Authorized Person. Suit for ejectment and mesne profits dismissed as the person filing the suit on behalf of the Trust was not duly authorized under the Trust Deed.

9 Mar 2015

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...

High Court

Karnataka High Court Allows Appeal in Suit for Partition and Injunction — Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11 CPC when the averments in the plaint, if taken as true, disclose a cause of action and the suit is not barred by any law.

6 Mar 2015

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

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Negative Declaration of Marriage. The court held that a suit seeking declaration that no marriage was solemnized is maintainable under Section 9 CPC and Section 34 Specific Relief Act, 1963, as it pertains to legal character and status.

6 Mar 2025

The case involves a civil revision application filed by the defendant (applicant) against an order of the Civil Judge rejecting the defendant's applic...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Plaint for Non-Payment of Court Fees — Caste Certificate Sufficient for Exemption Under Section 46 of Bombay Court Fees Act, 1959. The court held that the trial court must consider caste certificates before rejecting plaint for non-payment of court fees.

6 May 2010

The petitioners, original plaintiffs, filed a suit for declaration and injunction against the respondents, original defendants, seeking to declare an ...

High Court

Bombay High Court Dismisses Petition for Letters of Administration for Lack of Territorial Jurisdiction — Amendment Sought to Include Properties Outside Jurisdiction Cannot Confer Jurisdiction. The court held that the High Court's testamentary jurisdiction under Section 300 of the Indian Succession Act, 1925 is limited to cases where the deceased had a fixed place of abode or left property within its ordinary original civil jurisdiction, and an amendment to add properties outside that jurisdiction cannot cure the defect.

12 Nov 2024

The judgment concerns two interim applications in a testamentary petition for grant of Letters of Administration. The petitioner, Uday Sharad Kulkarni...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Section 82 of the Representation of the People Act, 1951 — Failure to Implead All Contesting Candidates is Fatal. The court held that the mandatory requirement of joining all contesting candidates cannot be cured by a subsequent application for summons, and the petition is liable to be rejected under Order VII Rule 11 CPC.

26 Nov 2024

The petitioner, Shahaji Nanai Thorat, filed an Election Petition challenging the election of Respondent No.7, Sanjay Dina Patil, from the 28-Mumbai No...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Section 83 of the Representation of the People Act, 1951 — Failure to Furnish Material Facts and Full Particulars of Alleged Corrupt Practices Renders Petition Liable for Summary Dismissal.

10 Mar 2010

The petitioner, Dr. Kirit Jayantilal Somaiya, filed an election petition challenging the election of respondent No.1, Sanjay Dina Patil, from the Mumb...

High Court

Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

26 Feb 2010

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint for Non-Payment of Proper Court Fees in Suit for Declaration and Injunction. Court Fees Act, 1870 Section 7(iv)(c) and Bombay Court Fees Act, 1959 Section 6(iv)(j) require ad valorem court fees on market value where plaintiff is not in possession.

9 Feb 2010

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

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