Search Results for "Article 227 CPC"

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Madras High Court Allows Revision Against Dismissal of Suit for Default, Restores Suit on Condition of Costs. Order 9 Rule 9 CPC does not bar a fresh suit when the earlier suit was dismissed for default under Order 9 Rule 3 CPC, as the bar applies only to dismissals under Order 9 Rule 8 CPC.

The petitioners, as plaintiffs, filed a civil suit O.S.No.172 of 2018 before the District Munsif Court, Tindivanam, seeking relief. The suit was dismi...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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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.

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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High Court of Karnataka Dismisses Writ Petition Challenging Refusal to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Krishnamurthy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.09.2015 passed by t...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...