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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced.

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Mar...

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Bombay High Court Hears Second Appeal Against Setting Aside of Specific Performance Decree—Expedited Hearing Ordered Despite Adjournment Requests. The appeal, admitted on questions of law, was treated as part-heard and oral judgment delivered after refusal to grant further time.

The High Court of Judicature at Bombay, Bench at Nagpur, heard Second Appeal No. 210/2013 arising from a suit for specific performance of an agreement...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Bombay High Court Allows Amendment of Plaint in Partition Suit, Emphasizing Liberal Approach to Pleadings. Court holds that amendment should be allowed to avoid multiplicity of proceedings and to determine real questions in controversy between parties.

The petitioner, original plaintiff in Regular Civil Suit No.39 of 2008 pending before the Civil Judge (Jr.Dn.), Karanja Lad, District Washim, filed a ...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...