Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Allows Civil Revision, Rejects Plaint as Barred by Section 53(2A) of Maharashtra Village Panchayat Act — Alternate Remedy Available for Encroachment Dispute. The court held that a civil suit for removal of encroachment on public property is not maintainable when an alternate efficacious remedy exists under Section 53(2A) of the Maharashtra Village Panchayat Act.

21 Aug 2017

The case involves a civil revision application filed by Damodar Dnyandeorao Sarap, the original defendant no.1, challenging an order dated 03/01/2017 ...

High Court

Bombay High Court Dismisses Bank's Revision Against Rejection of Plaint Rejection Application in SARFAESI Act Suit. Civil Court's Jurisdiction Not Barred Where Tenant Claims Independent Tenancy Rights Under Section 17(4A) and 13(4) of SARFAESI Act, 2002.

26 Sep 2018

The Bombay High Court at Nagpur dismissed a civil revision application filed by Dena Bank (defendant no.2) challenging an order of the trial court tha...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

High Court of Bombay at Goa Dismisses Civil Revision Application in Tenancy Dispute — Order VII Rule 11 CPC Application Properly Dismissed. Plaint Not Barred by Law as Tenancy Claim Requires Proof, Not Mere Allegation.

12 Oct 2018

The applicant, Blaze Fernandes, filed a Civil Revision Application under Section 115 CPC challenging the order dated 08.03.2018 of the Civil Judge Jun...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Rejection of Plaint Rejection Application in Injunction Suit. Court holds that valuation for court fees and jurisdiction in a suit for injunction simplicitor is based on the relief claimed, not the subject matter value, and that Order VII Rule 11(b) CPC cannot be invoked for undervaluation without first seeking correction of valuation.

15 Oct 2018

The petitioner, Mr. Agnelo Gregorio Jose Simoes, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16/09...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

30 Nov -0001

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

High Court

Madras High Court Dismisses Appeals Against Rejection of Plaint for Non-Payment of Court Fee in Commercial Suits. Court Holds That Order VII Rule 11 CPC Applies and Failure to Pay Court Fee Within Time Leads to Rejection.

7 Jan 2025

The case involves a batch of original side appeals filed against the common order of a learned Single Judge of the Madras High Court rejecting the pla...

High Court

Madras High Court Dismisses Civil Revision Petition in Partition Suit — Plaint Rejection Application Rejected as Power of Attorney Cancellation Does Not Automatically Invalidate Prior Alienations. The court held that cancellation of a General Power of Attorney does not render a sale deed executed by the attorney void ab initio, and the validity of such transactions must be decided at trial.

6 Jan 2026

The Civil Revision Petition was filed by the defendants 1 to 10 in a partition suit challenging the order of the Additional District Judge, Chengalpat...

High Court

Madras High Court Allows Revision Against Rejection of Plaint in Government Suit for Declaration of Nullity of Decree — Trial Court's Order Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that a suit challenging a decree as null and void on grounds of fraud or inherent lack of jurisdiction is maintainable and not barred by res judicata.

23 Jan 2026

The Government of Tamil Nadu, represented by the District Collector and other revenue officials, filed a civil suit (unnumbered O.S.SR.No.448 of 2022)...

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