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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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High Court of Karnataka Quashes Trial Court Order Rejecting Plaint Without Hearing — Violation of Natural Justice Under Order VII Rule 11 CPC. Trial Court's Order Set Aside and Suit Restored for Non-Compliance with Principles of Natural Justice.

The petitioners, who are the plaintiffs in O.S. No.60/2021 pending before the Prl. Senior Civil Judge and JMFC, Jamkhandi, filed a writ petition under...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in SARFAESI Act Jurisdiction Dispute. Disputed Question of Fact Regarding Agricultural Land Cannot Be Decided Under Order 7 Rule 11 CPC; Issue Must Be Tried in Suit.

The applicant, Sundaram Home Finance Limited, a secured creditor, filed a Civil Revision Application challenging an order of the Civil Judge, Junior D...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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High Court of Bombay at Goa Dismisses Revision Applications Against Rejection of Plaint Dismissal in Money Suit. Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order date...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Bar Association Election Dispute. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The case involves a civil revision application filed by the applicant (original defendant No.2) challenging an order dated 18/11/2019 passed by the Co...