Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

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

Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

4 Mar 2014

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

17 Mar 2017

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

9 Dec 2019

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Commercial Suit. Court holds that plaint discloses cause of action and is not barred by law, as the claim for recovery of investment and damages is based on alleged oral agreement and understanding between parties.

9 Oct 2025

The petitioners, defendants in a commercial suit, challenged an order of the City Civil Court dismissing their application for rejection of the plaint...

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 at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

5 Feb 2010

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court’s Refusal to Reject Plaint in Eviction Suit; Clarifies That Distinction Between ‘No Cause of Action’ and ‘Failure to Disclose Cause of Action’ is Crucial Under Order VII Rule 11(a) CPC. The Court Held That Defences Raised by the Defendant Cannot be Considered at the Stage of Deciding an Application for Rejection of Plaint, and the Question Whether the Plaintiff Has a Sustainable Cause of Action is a Matter for Trial.

12 Oct 2018

The dispute arose from an eviction suit filed by Vithuram Shivlal Lahoti Denagi Trust against Nanji Sunderji Sejpal. The petitioner, who was the origi...

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