Search Results for "Rejection of plaint"

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Search Results for "Rejection of plaint"

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High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

High Court of Bombay at Goa Dismisses Revision Challenging Rejection of Plaint Rejection Application in Tenancy Dispute — Civil Court Jurisdiction Not Barred Under Agricultural Tenancy Act as Plaint Discloses Cause of Action for Easementary Rights and Possessory Remedies.

22 Jun 2023

The petitioner, Comunidade of Calapur, filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 07/09/2017 passed b...

High Court

Bombay High Court Allows Revision Application, Rejects Suit Plaint for Injunction Based on Unregistered Agreement for Sale. Suit for perpetual injunction filed by plaintiff claiming possession under an unregistered agreement for sale without title is not maintainable and barred under Section 41(h) of the Specific Relief Act, 1963.

27 Aug 2024

The case involves a Civil Revision Application filed by the defendants (revision applicants) against an order of the Trial Court rejecting their appli...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Suit for Declaration and Injunction — Held That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC when the allegations in the plaint, taken as true, disclose a cause of action and the issues of limitation and res judicata require trial.

10 Apr 2023

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction against the respondents, including the State a...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit for Recovery of Money. Order 6 Rule 2(3) CPC does not require dates and sums in figures and words in plaint, and Order 37 Rule 2 CPC does not mandate separate verification.

19 Apr 2023

The present Civil Revision Application was filed by the applicants (original defendants) against the order dated 07/11/2022 passed by the 14th Joint C...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Partnership Registration Not Decisive at Plaint Stage. The court held that rejection of plaint cannot be based on materials outside the plaint; defendant must lead evidence to prove bar under Section 69 of Indian Partnership Act, 1932.

14 Mar 2023

The appellant, M/s. Gangotri Developers, a registered partnership firm, along with another plaintiff, filed a suit in the Small Cause Court, Pune. The...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

High Court

Bombay High Court Dismisses Revision by Electricity Company Against Rejection of Plaint — Civil Court Jurisdiction Not Barred Under Section 145 of Electricity Act, 2003. Disputed Questions of Fact Regarding Theft of Electricity Cannot Be Decided Summarily, and Plaint Cannot Be Rejected Under Order VII Rule 11 CPC.

7 Feb 2023

The present Civil Revision Application was filed by the Maharashtra State Electricity Parashan Company Limited (MSEDCL) against an order of the learne...

High Court

Bombay High Court Dismisses Revision by Goa Pollution Control Board Against Rejection of Plaint Rejection Application. Civil Court jurisdiction not barred under Air and Water Acts for injunction against statutory authority when plaint discloses cause of action.

9 Feb 2023

The case involves a Civil Revision Application filed by the Goa Pollution Control Board (Applicant/Defendant No.6) against an order of the District Ju...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

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