Search Results for "written claim"

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Search Results for "written claim"

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High Court

Bombay High Court Allows Defendant to File Written Statement After Seven-Year Delay in Suit for Declaration of Conveyance Deed as Void. Court condones delay and sets aside order of Prothonotary directing suit to proceed without written statement, holding that the Defendant had no opportunity to contest the suit on merits and that the Plaintiffs would not be prejudiced by permitting the written statement.

1 Feb 2024

The present case arises out of a suit filed by the Plaintiffs, Joana Rose Philomina Miranda and others, against the Defendant, Western Pre Fab Pvt. Lt...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

19 Dec 2006

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

High Court

Bombay High Court Dismisses Writ Petition by Defendant No.1 in Civil Suit Against Trial Court Orders Closing Evidence and Refusing to Open Written Statement. Supervisory jurisdiction under Article 227 of Constitution of India not exercised to set aside orders where defendant failed to show sufficient cause and exhibited laxity, as belated written statement cannot be accepted after matter reached judgment stage.

15 Jul 2025

By way of a writ petition under Article 227 of the Constitution of India, the petitioner, original defendant no.1 in Special Civil Suit No.108/2021 pe...

High Court

Bombay High Court Allows Delayed Filing of Written Statement in Civil Suit for Damages — Order VIII Rule 1 CPC Held Directory. The court set aside the trial court's refusal to accept the written statement, holding that the provision is directory and the delay was satisfactorily explained.

27 Jun 2013

The petitioner, Ravindralal Biharilal Srivastava, was the defendant No.1 in Special Civil Suit No.1056/2010 filed by respondent No.1, Vimalkumar Santl...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

30 Aug 2013

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

High Court

High Court of Karnataka, Gulbarga Bench, hears appeal against part decree in O.S. No. 125/2004 granting specific performance of oral agreement for sale.

19 Dec 2014

The dispute arises from a suit for specific performance of an alleged oral agreement for sale of industrial property. The plaintiff (respondent No. 1)...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

26 May 2020

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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