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High Court Upholds Amendment of Plaint in Money Recovery Suit — Cause of Action and Limitation Details Permitted. Amendment sought to insert paragraph specifying cause of action and limitation held to be necessary for determination of real controversy between parties.

The petitioner, Bhaskar Gowda, was the defendant in a money recovery suit filed by the respondent, Padmaprabha Kumar Y @ P.K. Jain, in the Court of II...

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High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

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Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

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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.

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

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Bombay High Court Allows Amendment to Plaint in Suit Against Deputy Salt Commissioner and Union of India. Amendment seeking to add claim for damages for demolition of structure is not barred by limitation as it arises from the same cause of action.

The plaintiff, Vikas Kamalakar Walawalkar, filed Suit No.1172 of 2005 against the Deputy Salt Commissioner, Union of India, and Mumbai Municipal Corpo...

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Bombay High Court Considers Ad-Interim Injunction in Defamation Suit by Retired Official Against Cabinet Minister Over Social Media Posts. Court Examines Maintainability of Representative Suit and Prima Facie Defamation Claims Under Civil Procedure Code and Tort Law.

The dispute arose from alleged defamatory statements made by the defendant, a sitting cabinet minister and national spokesperson of the Nationalist Co...