Search Results for "expedite suit"

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Search Results for "expedite suit"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

Bombay High Court at Goa Quashes Execution Stay Order in Property Dispute — Delay Condonation Application Not Maintainable Without Appeal. Held that an application for condonation of delay cannot be filed before the appeal is registered and that the appellate court cannot stay execution proceedings without hearing the decree-holder.

24 Aug 2018

The petitioner, Luis Antonio Romualdo Jesus de Maria Jose De Abreu (since deceased, represented by his LR Maria Do Ceu Abreu), obtained a judgment and...

High Court

Bombay High Court Allows Transfer of Suit for Declaration of Marriage as Null and Void from Dhamangaon to Wardha on Grounds of Wife's Convenience and Pending Proceedings at Wardha. The court held that the balance of convenience lies in favour of the wife, who resides in Wardha and has pending proceedings under the Domestic Violence Act, 2005 there, and directed transfer of the suit under Section 24 CPC.

14 Nov 2022

The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Regular Civil Suit No.9 of 2022 from...

High Court

Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

9 Mar 2026

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

High Court

Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

27 Feb 2017

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit Under Order VI Rule 17 CPC — Rejection of Amendment on Grounds of Delay and Change of Nature of Suit Set Aside. The court held that amendments should be liberally allowed to determine the real controversy, and delay alone is not a ground for rejection unless it causes irreparable prejudice.

17 Apr 2018

The petitioner, defendant No.1 in the original suit, challenged the order dated 15.07.2013 passed by the II Additional Senior Civil Judge, Mangalore, ...

High Court

Bombay High Court Upholds Trial Court's Order Allowing Defendant to File Written Statement After Delay in Civil Suit — Imposition of Costs Justified. No Interference Under Article 227 as Trial Court's Discretion Was Not Perverse or Jurisdictional Error.

1 Mar 2018

The petitioner, Dr. Milind Arvind Killedar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14.11.2016...

High Court

Bombay High Court Dismisses Revision Against Order Setting Aside Ex-Parte Decree in Suit for Possession and Mesne Profits. Court Holds That Sufficient Cause for Setting Aside Ex-Parte Decree Must Be Liberally Constructed Under Order 9 Rule 13 CPC.

10 Feb 2010

The present civil revision application arises from an order passed by the trial court setting aside an ex-parte decree. The petitioners, who were the ...

High Court

Bombay High Court Allows Amendment of Plaint in Property Suit — Boundaries Clarification Permitted Despite Trial Commencement. Amendment sought to correct description of suit property boundaries held to be necessary for proper adjudication and not causing prejudice to the opposite party.

28 Nov 2018

The petitioner, Vitthal Mhaskuy Mandhre, filed a suit for specific performance and injunction against the respondents, Mugutrao Vishnu Sanas (since de...

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