Search Results for "Order VII Rule 11 CPC"

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Supreme Court

Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

15 Apr 2025

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

31 Jan 2025

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

Supreme Court

"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

15 Jan 2025

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

Supreme Court

Supreme Court Dismisses Petitions Against Rejection of Order VII Rule 11 CPC Application in Partition Suit — Benami Act Bar Not Attracted Where Plaint Alleges Joint Family Property

1 Jan 2025

The Supreme Court dismissed two special leave petitions challenging the concurrent rejection of an application under Order VII Rule 11 of the Code of ...

High Court

"High Court Weighs Urgency and Compliance Under the Commercial Courts Act" "Balancing urgency with legal mandates for pre-institution mediation in commercial disputes."

11 Nov 2024

The Bombay High Court examined whether the suit filed by the plaintiff, Ekta Housing Pvt. Ltd., against Shraddha Shelters Pvt. Ltd. adhered to Section...

High Court

"Rejection of Application under Order VII Rule 11 CPC: Suit for Specific Performance by Partnership Firm Allowed Despite Objections under Section 69 of the Indian Partnership Act." "Civil Revision Application dismissed on grounds that the suit filed by an unregistered firm is not barred under Section 69 of the Indian Partnership Act when the partner is later registered, and suit pertains to specific performance of contract."

19 Sep 2024

1. Introduction The applicant, a defendant in Special Civil Suit No. 150 of 2022, challenged the trial court's order dated 29.06.2022. The trial cou...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Election Petition Challenge by MLA in Manipur. The Court upheld the High Court's decision that substantial compliance with legal provisions was sufficient in election petition cases, rejecting an application under Order VII Rule 11 CPC.

13 Sep 2024

Parties Involved: Appellant: A Member of the Legislative Assembly (MLA) from the 46-Saikul Assembly Constituency in Manipur, elected in the...

High Court

High Court Upholds Trial Court’s Rejection of Delay Condonation in Written Statement Filing. Petition dismissed as reasons for delay deemed insufficient and unsupported by CPC provisions

2 Aug 2024

The petitioner challenged the Trial Court's order rejecting the application for condonation of delay in filing a written statement. The petitioner, a ...

High Court

Bombay High Court Dismisses Challenge to Partition Suit in Joint HUF Property Dispute. Alienation by One Coparcener Without Partition Gives Rise to Cause of Action; Suit for Partition Maintainable

9 Jul 2024

The court dismissed the Civil Revision Application (CRA) filed by Damodar Badrinarayan Bhandari (Defendant No. 6) challenging the rejection of his app...

High Court

Supreme Court Dismisses Appeal in Election Petition Case Under Representation of the People Act, 1951 - Upholds High Court's Ruling to Proceed with Trial on Corrupt Practice Allegation. The Court Held That Non-Compliance with High Court Rules Does Not Warrant Dismissal Under Section 86(1), and Defects in Pleadings Under Section 83 Are Curable, While Use of Religious Symbols May Constitute Corrupt Practice Under Section 123(3).

18 Jan 2024

The appeal arose from an election petition filed by the first respondent challenging the appellant's election to the Kerala Legislative Assembly from ...

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