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Search Results for "order vii rule 11"

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Supreme Court

Supreme Court Allows Appeal Against Rejection of Counter-Claim Under Order VII Rule 11 CPC — Counter-Claim Not Barred by Carriage by Road Act, 2007 as It Arose from Same Transaction and Was Not Excluded by Special Law. The Court held that a counter-claim for damages for loss of business opportunity, reputation, and idling of resources is not barred by Section 23 of the Carriage by Road Act, 2007, as such claims are not within the jurisdiction of the Claims Tribunal.

1 May 2023

The appellant, ESSEMM Logistics, was the first defendant in a suit filed by the first respondent, DARCL Logistics Limited, for recovery of Rs.4,09,53,...

Supreme Court

Supreme Court Allows Appeal in Suit for Declaration and Cancellation of Gift Deed and Sale Deed — Order VII Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong.

1 Jan 2023

The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed date...

Supreme Court

Supreme Court Allows Appeal in Election Petition Rejection Case — Non-Disclosure of Convictions Under Payment of Wages Act and Minimum Wages Act Not Required Under Section 8 of Representation of People Act, 1951. The court held that the election petition did not disclose a cause of action and was liable to be rejected under Order VII Rule 11 CPC.

31 Dec 2023

The Supreme Court allowed the appeal filed by Bhim Rao Baswanth Rao Patil against the judgment of the Telangana High Court dismissing his application ...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Election Petition Rejection Application in Zahirabad Parliamentary Constituency Election Dispute. Non-disclosure of Criminal Cases in Affidavit and Alleged Violation of Election Commission Guidelines Constitute Triable Issues Under Representation of People Act, 1951.

1 Jan 2023

The Supreme Court dismissed the appeal filed by Bhim Rao Baswanth Rao Patil, the successful candidate from Zahirabad Parliamentary Constituency in the...

High Court

High Court of Karnataka Dismisses Appeal Against Setting Aside of Rejection of Plaint — Suit for Declaration and Injunction Not Barred by Limitation or Res Judicata. The court held that rejection of plaint under Order VII Rule 11 CPC is not warranted when limitation and res judicata are mixed questions of fact requiring trial.

13 Dec 2024

The appellant, S. Chandranna, filed a suit (O.S. No. 180/2016) before the Civil Judge and JMFC, Turuvekere, seeking a declaration of title and permane...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

5 Aug 2022

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

High Court

High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Damages Suit. Section 125 of Karnataka Co-operative Societies Act, 1959 does not bar civil suit for damages against co-operative society and its employees for acts outside the scope of the Act.

27 Nov 2024

The petitioner, defendant No.3 (Branch Manager of Karnataka State Co-operative Consumer's Federation Ltd.), filed a Civil Revision Petition under Sect...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Rejection of Plaint — Order VII Rule 11 CPC Application Must Be Decided on Plaint Averments Alone, Not Evidence or Defenses. The court set aside the Trial Court's order rejecting the application under Order VII Rule 11(a) and (d) CPC and allowed the application, rejecting the plaint.

26 Jul 2024

The petitioner, Defendant No.4 in O.S.No.1246/2013, filed a Civil Revision Petition under Section 115 CPC challenging the order dated 12.12.2023 passe...

High Court

High Court of Karnataka Dismisses Civil Revision Petition in Suit for Declaration and Injunction — Rejection of Plaint Under Order VII Rule 11 CPC Denied. Court holds that the plaint discloses a cause of action and is not barred by limitation, as the suit is based on a registered sale deed executed in 2019 and the plaintiff's possession was allegedly disturbed in 2022.

15 Dec 2025

The petitioners, defendants in a suit for declaration of title and permanent injunction, filed a civil revision petition challenging the trial court's...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

17 Apr 2026

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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