Search Results for "Article 227 CPC"

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Madras High Court Dismisses Revision Against Impleadment of Proprietor's Wife in Money Suit. Order I Rule 10(2) CPC Allows Impleadment of Necessary Party for Effective Adjudication of Dispute Arising from Dishonoured Cheque Issued for Business Loan.

The revision petitioner, K. Balasathiya Narayanan, filed a civil suit (O.S. No.176 of 2019) before the Principal District Court, Erode, against the fi...

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High Court of Karnataka Allows Writ Petition to Recall Witness in Civil Suit — Petitioner Allowed to Recall PW1 for Cross-Examination. Order XVI Rule 1(3) CPC permits recall of witness for cross-examination if sufficient cause is shown and no prejudice is caused to the other side.

The petitioner, Sri Venkappa Gowda, represented by his GPA holder, filed a writ petition under Article 227 of the Constitution of India challenging th...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...

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High Court of Karnataka Dismisses Auction Purchaser's Writ Petition Challenging Rejection of Interest Claim on Fixed Deposit in Execution Proceedings. Court Holds That Interest on Fixed Deposit Accrues to the Decree Holder, Not the Auction Purchaser, Under Section 151 CPC.

The petitioner, Sri S.R. Venkatesh Babu, was the auction purchaser of a portion of the subject property in Execution Petition No.2420/2002 pending bef...

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High Court of Bombay at Goa Dismisses State's Petition Challenging Refusal to Extend Time for Filing Written Statement in Medical Negligence Suit. Delay of Over 5 Years in Filing Written Statement Not Condonable Under Order XXVII Rule 7 CPC as No Sufficient Cause Shown.

The State of Goa and the Public Health Department filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08/...

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High Court of Karnataka Dismisses Petition Challenging Restoration of Suit — Trial Court Has Power to Recall Dismissal Order on Same Day Under Section 151 CPC

The petitioners, who are defendants in a suit for declaration and recovery of possession filed by the respondent/plaintiff, challenged an order dated ...

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High Court of Karnataka Allows Writ Petition to Set Aside Order Dismissing Application for Appointment of Commissioner in Partition Suit — Inherent Power Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Identify Property for Effective Adjudication.

The petitioner, the 7th defendant in O.S. No.1178/2002 pending before the Principal Senior Civil Judge, Bangalore Rural District, filed a writ petitio...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...