Search Results for "Section 2(12) CPC"

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Madras High Court Allows Revision Petition in Partition Suit, Sets Aside Dismissal of Restoration Application Due to COVID-19 Delay. Court Holds That Length of Delay Alone Not Decisive; Equitable Considerations and Lack of Final Decree Proceedings Warrant Opportunity to Contest.

The case arises from a partition suit filed by the respondent (sister) against the petitioner (sister-in-law) in O.S.No.212 of 2011 before the Subordi...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Sale Deed and Mutation Entries Support Plaintiff's Title and Possession.

The respondent/plaintiff, Subhash Pundlikrao Jadhav, filed Regular Civil Suit No.212 of 2010 seeking possession of agricultural land Gat No.176 situat...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...