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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

17 Nov 2022

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

14 Oct 2022

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

High Court

Bombay High Court Allows Arbitration Application Under Section 8 of Arbitration Act, 1996 — Dispute Referred to Arbitrator Despite Alleged Non-Signatory to Arbitration Agreement. Court holds that existence of arbitration agreement between parties is a jurisdictional fact to be decided by the trial court before referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

19 Sep 2022

The petitioners, M/s TCI Infrastructure Limited and M/s Transport Corporation of India Limited, filed a suit before the 6th Joint Civil Judge, Senior ...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Plaint, Holds Appeal Lies Under Section 96 CPC. Rejection of plaint under Order 7 Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 96 CPC, not subject to writ jurisdiction.

24 Aug 2022

The petitioner, Udasing Jagmohansing Dikhat-Thakur, filed Special Civil Suit No. 14 of 2022 in the Court of Civil Judge Senior Division, Beed, seeking...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

20 Jul 2022

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery. Limitation Period for Suit Based on Oral Agreement Runs from Date of Refusal to Pay, Not from Date of Knowledge of Sale Deeds.

20 Jul 2022

The case involves a civil revision application filed by the defendants (applicants) challenging the order of the trial court rejecting their applicati...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

High Court

High Court of Karnataka Allows Revision Against Rejection of Plaint Application in Property Auction Dispute — Mere Registration of Suit Does Not Bar Rejection Under Order 7 Rule 11 CPC. The court held that the trial court's observation that the application for rejection of plaint became infructuous upon registration of the suit was incorrect, and remitted the matter for reconsideration.

3 Jun 2014

The case involves a civil revision petition filed by the 3rd defendant in OS 181/2004 pending before the Principal Civil Judge (Jr. Dvn.), Mysore. The...

High Court

High Court of Karnataka Dismisses Petitioners' Challenge to Trial Court Orders in Suit for Possession. Court upholds refusal to reject plaint under Order VII Rule 11 CPC and appointment of commissioner under Order XXVI Rule 9 CPC to identify suit property.

26 Aug 2014

The petitioners, S. Ramaiah, S. Siddappa, and S. Nanjappa, claimed to be owners of agricultural lands measuring 7 acres and 10 guntas in Nagarbhavi vi...

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