Search Results for "CPC Section 115"

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Search Results for "CPC Section 115"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

24 Aug 2023

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

High Court

Karnataka High Court Allows Landlord's Revision in Ejectment Suit, Dismisses Tenant's Revision — Landlord Establishes Title and Tenant Fails to Prove Ownership. Landlord Proves Title Through Registered Sale Deed and Tax Receipts; Tenant's Adverse Possession Claim Fails for Lack of Evidence of Ouster Under Section 18 of Karnataka Small Causes Court Act, 1964.

28 Jun 2023

The case involves two revision petitions arising from a suit for ejectment filed by Sri Ramula Sannidhi (plaintiff/landlord) against Sri Jabarchand (d...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

High Court

Bombay High Court Dismisses Civil Revision Against Order Rejecting Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Court holds that the Trial Court's refusal to set aside ex-parte decree was justified as the defendants failed to show sufficient cause for non-appearance and the application was filed beyond limitation.

29 Oct 2018

The petitioners, who were the original defendants in Regular Civil Suit No. 42/2014/B, filed a Civil Revision Application under Section 115 of the Cod...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration and Injunction — Order Rejecting Application Under Order 23 Rule 1 CPC Upheld. The court held that withdrawal of a suit before filing of written statement and without adjudication on merits does not bar a subsequent suit on the same cause of action under Order 23 Rule 1 CPC.

10 Aug 2015

The revision petition was filed by the defendant No.5 in O.S.No.144/2012 challenging the order of the Senior Civil Judge, Anekal, dated 28.9.2013 dism...

High Court

Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

3 Dec 2014

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

High Court

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

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