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Search Results for "Rejection of plaint"

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High Court

Madras High Court Sets Aside Rejection of Plaint at SR Stage for Limitation — Directs Numbering Without Prejudice to Limitation Defence. The court held that the role of the trial court at the institution stage is ministerial, not judicial, and limitation is a mixed question of fact and law to be decided after trial or under Order VII Rule 11 CPC.

30 Jan 2026

The revision petitioner, D. Mohanraj, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dat...

High Court

Bombay High Court Dismisses Petition Challenging Order Rejecting Application Under Order VII Rule 11 CPC in Suit for Declaration and Injunction — Petitioner Failed to Show That Plaint Did Not Disclose Cause of Action. The Court held that the plaint disclosed a cause of action as the plaintiff claimed to be a partner of the defendant No.2 firm and sought declaration of his share and injunction against his mother from interfering with the partnership business.

12 Apr 2018

The petitioner, Mrs. Gulshan Rohington Irani, who was the original defendant No.3 in a suit filed by her son Rayomand Rohinton Irani (respondent No.1)...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Benami Transaction, Limitation, and Specific Relief Issues Require Trial. The court held that grounds under Benami Transactions (Prohibition) Act, 1988, Section 34 of Specific Relief Act, 1963, and Article 58 of Limitation Act, 1963 cannot be decided at the threshold under Order 7 Rule 11 CPC without evidence.

22 Mar 2018

The present civil revision application arises from a suit filed by respondent No.1 (plaintiff) against his sister (defendant No.1) and others seeking ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Election Petition Rejection Application — Material Particulars Sufficiently Disclosed. Order 7 Rule 11 CPC Rejection Not Warranted When Election Petition Contains Necessary Allegations of Non-Disclosure in Nomination Form.

22 Mar 2018

The case involves a Civil Revision Application filed by Ashok Rajaram Raul (the applicant) against an order dated 5 December 2017 passed by the 6th Jo...

High Court

Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

21 Feb 2018

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Trust Property Suit. Court Fees Held Properly Paid as Suit Was for Injunction, Not Recovery of Money.

22 Feb 2018

The case involves a civil revision application filed by the original defendants (applicants) challenging an order of the trial court dated 15/11/2016 ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

30 Nov -0001

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...

High Court

Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

31 Jan 2018

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

22 Jan 2018

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Disclosure of Cause of Action in Suit for Possession and Mesne Profits. Court holds that plaint must disclose a clear cause of action and that mere assertion of title without factual basis is insufficient under Order VII Rule 11 of the Code of Civil Procedure, 1908.

30 Jan 2018

The case involves a civil revision application filed by the applicants (defendants) challenging the order of the trial court rejecting the plaint file...

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