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Search Results for "amended plaint"

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High Court

Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

7 Aug 2024

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Plea in Specific Performance Suit — Non-joinder of Co-purchaser Cured by Amendment. Court held that objection to non-joinder under Order I Rule 1 CPC was belated and plaint cannot be rejected under Order VII Rule 11 CPC after amendment allowed.

17 Oct 2013

The case arises from a civil revision application filed by the defendants (petitioners) challenging an order dated 24th January 2012 passed by the tri...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment and Review in Civil Suit — No Jurisdictional Error Found in Orders Under Order VI Rule 17 and Order 47 Rule 1 CPC. The court held that the trial court correctly applied the due diligence requirement for amendment after trial and that review was not warranted as no error apparent on the face of the record was shown.

6 Feb 2013

The petitioners, who were plaintiffs in Civil Suit No. 34/2009 before the Adhoc District Judge I, South Goa, at Margao, filed a writ petition under Ar...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Suit Involving Agreement for Flat Purchase. Amendment Seeking Declaration of Invalidity of Subsequent Sale Contract Held Governed by Section 6(iv)(ha) of Bombay Court Fees Act, 1959; City Civil Court Loses Pecuniary Jurisdiction.

1 Dec 2010

The appeal arose from an order passed by the Judge, City Civil Court, Greater Mumbai, returning the plaint to the appellant under Order 7 Rule 10 of t...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Suit Based on Triable Issues of Limitation and Cause of Action. Application under Order VII Rule 11 CPC Rejected as Plaintiff Disclosed Cause of Action Through Trust Deed and Pleaded Continuing Breach Under Section 22 Limitation Act, Making Suit Maintainable.

9 Mar 2026

The dispute arose from a commercial suit filed by the plaintiff, against Applicant, seeking specific performance of a contract dated 2nd February 2008...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

High Court

Bombay High Court Allows Second Appeal in Demarcation Suit, Setting Aside Concurrent Findings for Ignoring Amended Pleadings. The Court ruled that the lower courts' failure to consider the amended plaint which corrected the western boundary to 'Marotigol' and to appreciate the Commissioner's report and PW-2 testimony rendered the findings on boundaries unsustainable under Section 100 of the Code of Civil Procedure, 1908.

13 Dec 2011

The dispute arose from a suit for demarcation filed by the appellants, who claimed ownership of a property called 'Colombaticanavoril Mordi' admeasuri...

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