Search Results for "CPC amendment 2002"

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Search Results for "CPC amendment 2002"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

16 Dec 2025

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

8 Jul 2025

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...

High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

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.

18 Jul 2024

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...

High Court

High Court of Karnataka Allows Revision Petition, Restores Suit Dismissed as Withdrawn Without Consent of All Plaintiffs in Representative Suit Under Order I Rule 8 CPC. Suit filed under Order I Rule 8 CPC cannot be withdrawn by some plaintiffs without consent of all and without court permission.

9 Dec 2021

The petitioners, original plaintiffs No.5, 7, and 9, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chal...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

High Court

Karnataka High Court Allows Writ Petition in Civil Procedure Code Case — Order on I.A. Nos.62 and 64 Quashed for Non-Compliance with Order VIII Rule 1A CPC. Court held that documents not produced along with plaint or written statement cannot be received as evidence without leave of court and without showing sufficient cause.

22 Apr 2015

The petitioner, Vinayaka House Building Co-operative Society, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

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