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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...

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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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Supreme Court Allows Appeal Against High Court Order Permitting Additional Written Statement with Inconsistent Stand in Eviction Suit. Change of Status from Co-sharer to Tenant Held Impermissible Under Order 8 Rule 9 CPC as It Introduces a Totally Inconsistent and Contradictory Stand.

The appeal arises from a civil suit for eviction filed by the plaintiff, Mondira Ghosh, against the defendant, Chaitali Ghosh, in the City Civil Court...

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Supreme Court Allows Defendant’s Appeal and Dismisses Plaintiff’s Appeal in Specific Performance Suit. Oral Agreement to Reconvey Property Not Proved; Decree Based on Defendant’s Written Statement Admission Set Aside Due to Non-Acceptance by Plaintiff.

The dispute arose from a suit for specific performance of an oral agreement to reconvey property. The plaintiff, originally the owner of the suit prop...