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Search Results for "amended plaint"

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High Court

Bombay High Court Allows Amendment in Specific Performance Suit at Appellate Stage — Scope of 'Any Other Relief' Under Section 22(1)(b) of Specific Relief Act, 1963. The court held that the expression 'any other relief to which he may be entitled' in Section 22(1)(b) permits a plaintiff to amend the plaint at the appellate stage to claim mesne profits as an alternative relief when the suit for specific performance is dismissed.

16 Nov 2022

The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mir...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

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 Revocation of Leave Under Clause 12 Letters Patent and Allows Amendment to Plaint on Jurisdiction. Court holds that jurisdiction is determined by plaint averments as a whole and subsequent amendment cannot cure lack of jurisdiction at the time of filing.

9 Mar 2005

The plaintiff, Infrastructure Leasing & Financial Services Limited, filed a suit in the Bombay High Court for recovery of Rs. 3,72,87,086/- with inter...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Amendment Allowed as Necessary for Determining Real Controversy Between Parties. The court upheld the trial court's order allowing amendment to incorporate death of original plaintiff and substitution of legal representatives, holding that pre-trial amendments are to be liberally allowed under Order VI Rule 17 CPC.

5 Dec 2023

The petitioner, M/s. Wrangle Investment Limited, challenged the judgment and order dated 26 September 2019 passed by the Court of Small Causes at Bomb...

High Court

Bombay High Court Holds It Lacks Jurisdiction to Decide Amendment Application in Suit Slated for Transfer Due to Loss of Pecuniary Jurisdiction. The Court cannot retain jurisdiction to decide an amendment application seeking to increase suit valuation after the Bombay City Civil Court (Amendment) Act, 2023 came into force, as the suit already falls within the enhanced pecuniary jurisdiction of the City Civil Court.

23 Feb 2024

The Bombay High Court was tasked with deciding whether it retains jurisdiction to entertain an application for amendment of plaint seeking to increase...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Foundational Pleadings Already Present, No Change in Nature of Suit. The court held that the amendment adding grounds of unlawful subletting and non-user did not alter the nature of the suit and was necessary to avoid multiplicity of litigation.

4 Jul 2024

The Bombay High Court dismissed a petition challenging an order of the Small Causes Court, Mumbai, which allowed the plaintiffs to amend their plaint ...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

17 Apr 2026

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

High Court

Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

6 Jun 2022

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

High Court

High Court of Bombay at Goa Allows Writ Petition Against Trial Court's Order to Decide Amendment Application Before Return of Plaint. Procedural Order Set Aside as Contrary to Order 7 Rule 10 CPC — Inherent Lack of Jurisdiction Cannot Be Cured by Amendment.

25 Sep 2025

The petitioner, Akshay Quenim, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 06.06.2025 passed by the Civil ...

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