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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

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High Court of Karnataka Dismisses Petition Challenging Rejection of Application Under Order IX Rule 7 CPC Filed After Suit Posted for Judgment. Application Under Order IX Rule 7 CPC Not Maintainable After Case Reserved for Judgment; Proper Remedy Lies Under Order IX Rule 9 or Order IX Rule 13 CPC.

The petitioner, Abdul Shukoor, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.11.2018 pas...

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High Court of Karnataka Dismisses Appeal Against Rejection of Cross-Examination Application in DRT Proceedings — Failure to File Evidence Affidavit Justifies Denial of Cross-Examination Under Rule 12(6) of RDDBFI (Procedure) Rules, 1993.

The appellants, M/s Perfect Polybaags Private Ltd. and its directors, were defendants in Original Application No.239/2011 pending before the Debt Reco...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...