Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11 CPC. The court upheld the Trial Court's decision, finding that objections based on Order II Rule 2 CPC, want of cause of action, and limitation require evidence and trial, not summary rejection under Order VII Rule 11 of the Code of Civil Procedure, 1908.

24 Apr 2026

The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a develo...

High Court

Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

4 Apr 2026

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

Supreme Court

CIVIL APPEAL NO. 7370 OF 2026

1 Jan 1970

The present Civil Appeal arises from a suit for declaration of ownership of agricultural properties based on a Will dated 20.04.2018, allegedly execut...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

27 Jun 2023

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

28 Jan 2021

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

High Court

High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

19 Dec 2024

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

High Court

Karnataka High Court Hears Appeals Against Specific Performance Decree in Agricultural Land Sale Agreement Dispute. The dispute involved claims of tampering, cancellation of agreement, and subsequent sales to third parties.

11 Oct 2013

The appeals arise out of a suit for specific performance of an agreement to sell agricultural lands bearing various survey numbers, measuring a total ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

22 Jun 2017

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Appellate Order — Plaint Rejected Under Order 7 Rule 11 CPC as Suit Barred by Limitation and Section 170 of Representation of the People Act, 1951. The court held that the suit seeking declaration of public documents as fraudulently obtained was barred by limitation and by Section 170 of the Representation of the People Act, 1951, and thus the plaint was liable to be rejected.

22 Apr 2024

The petitioners, original defendants, challenged an order of the District Judge-2 Panaji at Ponda dated 17.10.2023, which allowed an appeal by the res...

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