Search Results for "Order XLIII CPC"

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Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapse in Bringing Legal Representatives on Record. The Appellate Court's rejection of substitution application without considering merits was held improper, and the matter was remanded for fresh consideration.

The appellants, original plaintiffs, filed a suit for cancellation of sale deed and permanent injunction, which was dismissed by the trial court. They...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapses - Condonation of Delay Application Not Required for Setting Aside Abatement Under Order XXII Rule 9 CPC

The appellants, original plaintiffs in a suit for cancellation of sale deed and permanent injunction, filed Regular Civil Appeal No.160 of 2010 agains...

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High Court of Karnataka Dismisses Appeal Against Interim Injunction in Child Custody Dispute — Appeal Not Maintainable Under Order 43 Rule 1 CPC as Order is Not Appealable

The appellant, Smt. Savitha B.P., filed a suit (O.S. No. 14/2015) before the VI Additional Principal Family Judge at Bengaluru seeking a declaration t...

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Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment and decree of the District Judge, Pernem, Goa, which confi...