Search Results for "Article 227 CPC"

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court at Goa Dismisses Union of India's Petition Challenging Discovery Order in Coast Guard Collision Suit. Order for Inspection of Documents Under Order XI CPC Upheld as Not Violative of Sovereign Immunity.

The judgment arises from a writ petition filed by the Union of India and the Indian Coast Guard challenging an order dated 08.04.2024 passed by the Di...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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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 Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

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Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...

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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.

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