Search Results for "Rejection of plaint"

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Suit for Specific Performance and Cancellation of Sale Deed. Order VII Rule 11 CPC Application Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Limitation.

The present appeal was preferred by the appellants, original plaintiffs, under Section 96 of the Code of Civil Procedure, 1908, against the impugned J...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Limitation Period Runs from Date of Knowledge of Breach. Agreement to Sell Executed in 2014, Suit Filed in 2024 Held Not Ex-Facie Time-Barred as Plaintiff Discovered Sale to Third Parties Only on 17.01.2024.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 03.05.2014 for land bearing Survey No.914/2/3 at Mouje Vat...

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC in Land Dispute. Court holds that disputed questions of fact regarding ownership and encroachment cannot be decided in summary rejection under Order 7 Rule 11 CPC.

The present Civil Revision Application was filed by the applicants, who were original opponent Nos. 2 and 3, against the judgment and order dated 12.0...