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 at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

5 Feb 2010

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

High Court

High Court of Karnataka Allows Commercial Appeal in Partnership Dispute — Rejects Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a plaint cannot be rejected on the ground of non-joinder of necessary parties or lack of cause of action when the plaintiff seeks declaration of partnership rights and accounts.

25 Sep 2025

The case involves a commercial appeal filed by Mrs. Bhagyashree Jain against M/s. Vyshnavi Visions and its partners, challenging the trial court's ord...

High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order 7 Rule 11 CPC Set Aside for Lack of Jurisdictional Fact Finding. The Court held that the issue of res judicata is a mixed question of law and fact requiring trial, not a preliminary rejection under Order 7 Rule 11 CPC.

25 Jul 2025

The case involves a property dispute between the appellants (legal representatives of the deceased plaintiff Rajamma) and the respondent (Muniyamma). ...

High Court

High Court of Bombay Dismisses LIC's Revision Against Rejection of Plaint Application in Tenancy Suit — Small Causes Court Has Jurisdiction to Decide Tenancy Despite Premises Being Public Premises Under Public Premises Act. Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Does Not Bar Civil Suit for Declaration of Tenancy Where Applicability of Act is Disputed.

3 Jul 2026

The present Civil Revision Application was filed by the Life Insurance Corporation of India (LIC), the applicant, challenging the order of the Small C...

Supreme Court

Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

14 Feb 2022

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

25 Jul 2025

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Commercial Suit for Possession. The Court held that the plaint disclosed a cause of action and the question of limitation was a mixed question of fact and law, not amenable to rejection under Order VII Rule 11 CPC.

25 Jun 2025

The petitioners, who were defendants in a commercial suit filed by the respondent/plaintiff, challenged an order dated 28.02.2025 passed by the IV Add...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

High Court

High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

20 Mar 2025

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Jud...

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