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Search Results for "Rejection of plaint"

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High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

4 Dec 2013

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

High Court

Bombay High Court Allows Writ Petition Challenging Order for Payment of Court Fee on Market Value in Suit for Declaration and Injunction. Court holds that suit for declaration of title and permanent injunction simpliciter is not a suit for possession and court fee is payable under Section 6(iv)(j) of the Bombay Court Fees Act, 1959 on the amount at which the relief sought is valued in the plaint, not on market value of property.

24 Jan 2023

The petitioners, plaintiffs in a civil suit, filed a Writ Petition challenging an order dated 5 March 2022 passed by the Joint Civil Judge, Senior Div...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Appellate Order — Plaint Rejected Under Order 7 Rule 11 CPC as Suit Barred by Limitation and Section 170 of Representation of the People Act, 1951. The court held that the suit seeking declaration of public documents as fraudulently obtained was barred by limitation and by Section 170 of the Representation of the People Act, 1951, and thus the plaint was liable to be rejected.

22 Apr 2024

The petitioners, original defendants, challenged an order of the District Judge-2 Panaji at Ponda dated 17.10.2023, which allowed an appeal by the res...

High Court

Bombay High Court Dismisses Cross Writ Petitions Against Order Refusing to Reject Plaint in Commercial Suit — Dispute Over Nature of Agreements as Lease or Leave and Licence Requires Trial.

5 Apr 2024

The judgment concerns two cross writ petitions arising from a commercial suit. The petitioner, Siyaram Packaging Pvt. Ltd., filed Commercial Suit No.4...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

1 Feb 2024

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...

High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

17 Feb 2024

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

30 Sep 2025

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

High Court

Bombay High Court Adjudicates Writ Petition Against Order Refusing Rejection of Plaint in Commercial Suit. The petition challenges the Commercial Court's dismissal of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint in a commercial dispute involving foreign entities.

17 Apr 2025

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