Search Results for "Order VII Rule 11 CPC"

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Search Results for "Order VII Rule 11 CPC"

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High Court

Madras High Court Dismisses Plaint Rejection Application in Copyright Infringement Suit — Cause of Action Disclosed Despite Limitation and Assignment Issues. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC unless it is manifestly barred by law or fails to disclose cause of action, and that limitation is a mixed question of fact and law requiring trial.

24 Apr 2026

The applicant/defendant filed an application under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 11(A) and (D) of the Code of Civil Procedur...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Specific Performance Suit — Partnership Bar Under Section 69 Not Attracted Where Partner's Name Entered in Register of Firms with Retrospective Effect. The court held that a belated entry of a partner's name in the Register of Firms with retrospective effect from a date prior to the suit cures any defect regarding the partner's status, and the plaint cannot be rejected under Order VII Rule 11 CPC.

19 Sep 2024

The case arises from a Civil Revision Application filed by the defendant (applicant) against an order of the 3rd Civil Judge, Senior Division, Dhule, ...

High Court

Bombay High Court Allows Remission of Court Fees for Army Officer's Wife Under State Notification — 'Wholly Dependent' Includes Physical and Emotional Support, Not Just Financial Dependence. The Court held that the Plaintiff, wife of an Indian Army Officer, was entitled to exemption from court fees under the Notification dated 11.11.1965 as she was wholly dependent on her husband, despite her past employment and assets.

4 Jul 2024

The Petitioner, the wife of an Indian Army Officer, filed Special Civil Suit No. 2401/2023 seeking declaratory relief, damages, reinstatement, and inj...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Property Dispute — Suit Not Barred by Limitation or Res Judicata. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint under Order VII Rule 11 CPC.

4 Sep 2020

The appellant, Siddesh B.T. Umesh, filed a suit (O.S.No.2366/2018) before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a decla...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

9 Dec 2019

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

High Court

Bombay High Court Allows Family Court Appeal in Interfaith Marriage Nullity Case — Marriage Between Hindu and Christian Not Void Ab Initio Under Hindu Marriage Act. Court Holds That Family Court Erred in Rejecting Petition Under Order VII Rule 11 CPC Without Considering Applicability of Section 5 of Hindu Marriage Act, 1955.

31 Jan 2019

The Appellant, a Hindu woman, married the Respondent, a Christian man, on 28 May 1996 in Mumbai. The marriage was registered under the Bombay Registra...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Plea in Specific Performance Suit — Non-joinder of Co-purchaser Cured by Amendment. Court held that objection to non-joinder under Order I Rule 1 CPC was belated and plaint cannot be rejected under Order VII Rule 11 CPC after amendment allowed.

17 Oct 2013

The case arises from a civil revision application filed by the defendants (petitioners) challenging an order dated 24th January 2012 passed by the tri...

High Court

Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

2 Aug 2011

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

High Court

Bombay High Court Rejects Plaint in Partition Suit for Non-Disclosure of Cause of Action and Bar by Limitation. Daughter-in-law's suit for partition of ancestral property dismissed as she is not a coparcener and claim is time-barred under Order VII Rule 11(a) and (d) CPC.

4 Oct 2005

The plaintiff, Smt. Jayashree Ashok Goregaonkar, filed a suit for partition against the defendants, including Kanta Chandrakant Mhatre and others. The...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

30 Nov -0001

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...

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