Search Results for "Rejection of plaint"

384 result(s) found

Scroll Down To Discover

Found 384 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Rejection of Plaint in Partition Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11(d) CPC applied as plaint disclosed no cause of action and was barred by limitation under Article 65 of Limitation Act, 1963.

The petitioners, original defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 28.11.201...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Rejection of Plaint in Partition Suit — Court Holds That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not a Decree and Therefore Not Appealable Under Section 96 CPC, but a Revision Lies Under Section 115 CPC.

The petitioners, original defendants in a suit for partition and permanent injunction, challenged the order of the Civil Judge Senior Division, Ahmedn...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Mortgage Fraud Suit. Civil Court Has Jurisdiction to Entertain Suit Challenging Mortgage Deed as Fraudulent Despite Arbitration Clause in Loan Agreement.

The respondent, Smt. Suman Ikhankar, filed a civil suit (R.C.S. No. 220/2011) against the applicant, Indiabulls Housing Finance Limited, and two other...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Revision Application and Rejects Plaint in Specific Performance Suit as Time-Barred. Suit for Specific Performance of Agreement to Sell Dated 1985 Filed in 2016 Held Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves a civil revision application filed by Naginchand Buccha (applicant/defendant) against Vinod Gupta and others (respondents/plaintiffs...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Revision Against Order Granting Leave to Defend in Summary Suit Despite Arbitration Clause. Court holds that existence of arbitration agreement does not bar summary suit under Order 37 CPC, but objection as to maintainability must be decided before granting leave to defend.

The dispute in this case arises from a summary suit filed by the respondent, M/s. Jalaram Feeds, against the applicants, Narayana Farm Produce Pvt. Lt...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Rejection of Plaint Dismissal in Specific Performance Suit — Directs Trial Court to Frame Limitation as Preliminary Issue. Agreement of Sale Dated 1974, Suit Filed in 2016, Court Finds Prima Facie Bar of Limitation but Allows Issue to Be Decided After Trial.

The petitioners, original defendants, filed a civil revision challenging the order of the Civil Judge, Junior Division, Jalgaon-Jamod, dated 8.7.2016,...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Trial Court Order Rejecting Application for Rejection of Plaint Under Order VII Rule 11(a) CPC. Plaint Disclosing Completion of Work and Raising of Invoices Sufficiently Discloses Cause of Action.

The case involves a civil revision application filed by Varron Auto Kast Limited (the appellant/defendant) challenging an order of the 5th Joint Civil...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...