Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Allows Amendment of Plaint in Suit for Declaration and Injunction — Applicant Seeks to Add Averments Regarding Will and Tenancy Rights. Amendment Sought After Commencement of Trial but Before Completion of Evidence — Court Holds That Amendments Necessary for Determining Real Controversy May Be Allowed Even After Trial Has Commenced, Subject to No Prejudice to Opposite Party.

28 Jan 2026

The applicant, Ashok Gupta, filed an Interim Application (IA) in a pending suit seeking amendments to the plaint. The suit was filed for declaration a...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

High Court

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.

2 Jun 2020

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

High Court

Madras High Court Dismisses Plaint Rejection Application in Copyright Infringement Suit — Cause of Action Disclosed Despite Limitation and Assignment Issues. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC unless it is manifestly barred by law or fails to disclose cause of action, and that limitation is a mixed question of fact and law requiring trial.

24 Apr 2026

The applicant/defendant filed an application under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 11(A) and (D) of the Code of Civil Procedur...

High Court

Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

13 Jan 2026

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

High Court

High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

17 Oct 2025

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Discloses Cause of Action for Recovery of Money. The court held that only plaint averments are relevant for Order 7 Rule 11 CPC and the plaint clearly disclosed a cause of action for recovery of balance amount.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

Bombay High Court considers rejection of plaint under Order VII Rule 11 and Order XXIII CPC in suit by trustee alleging siphoning of funds from trust. Defendants seek dismissal on grounds of forgery, abuse of process, and frivolous pleadings.

24 Mar 2014

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High Court

Bombay High Court Allows Rejection of Plaint Against Directors in Commercial Suit -- No Cause of Action Against Nominee Director and Other Directors -- Corporate Personality Principle Upheld

5 Feb 2026

The Bombay High Court allowed Notices of Motion filed by Defendant Nos. 3 to 8 seeking rejection of the Plaint -- The Plaintiff had sued Defendants an...

High Court

Bombay High Court Dismisses Revision Applications Against Rejection of Order 7 Rule 11 CPC Plea in Suit for Recovery and Declaration. Plaint Discloses Cause of Action and is Not Barred by Limitation or Res Judicata Under Order 7 Rule 11 of Code of Civil Procedure, 1908.

19 Aug 2023

The judgment arises from two Civil Revision Applications filed against orders passed by the trial court rejecting applications under Order 7 Rule 11 o...

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