Search Results for "Section 115 CPC"

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Search Results for "Section 115 CPC"

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Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

High Court

High Court Dismisses Civil Revision Petition in Contract Dispute - Limitation Issue for Damages Suit Held to be Mixed Question of Law and Fact - Trial Court Order Rejecting Plaint Rejection Application Under Order VII Rule 11(d) CPC Upheld

20 Feb 2026

The petitioner company challenged termination of contract dated 26.04.2012 through writ proceedings which were dismissed -- The respondents filed suit...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

29 Apr 2014

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

High Court

Madras High Court Dismisses Revision Against Execution of Ex-Parte Decree in Money Suit — Procedural Compliance Under Order 21 Rule 11[A] CPC Upheld. Execution Petition Filed with Proper Affidavit of Assets and Within Limitation, No Ground to Dismiss EP.

1 Jun 2026

The case involves a Civil Revision Petition filed by A.S. Jahangir (petitioner) challenging the order dated 30.01.2026 in EA No.3/2025 in EP No.688/20...

High Court

Madras High Court Allows Revision Petition in Execution Proceedings — Unregistered Sale Deed Admissible for Collateral Purpose to Prove Possession Under Order XXI Rule 97 CPC. The court held that an unregistered document can be admitted to prove the character of possession, even if not admissible for title, and directed the trial court to receive the documents subject to payment of stamp duty and penalty.

6 Feb 2026

The revision petitioner, T. Shanmuga Bharathivel, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

High Court

High Court of Karnataka Allows Appeal Against Interim Injunction in Commercial Dispute Under Section 9 of Arbitration Act — Injunction Granted Without Considering Balance of Convenience and Irreparable Injury Set Aside. The court held that an interim injunction under Order 39 Rules 1 and 2 CPC requires satisfaction of all three principles: prima facie case, balance of convenience, and irreparable injury.

22 Mar 2021

The appellants, owners of a property, entered into a development agreement with the respondent developer. Disputes arose, and the respondent filed an ...

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