Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

27 Jul 2023

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

High Court

Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

8 Dec 2021

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

23 Feb 2015

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

28 Jan 2026

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different. The Court held that a subsequent suit for injunction based on a fresh cause of action is not barred by Order II Rule 2 CPC when the earlier suit was for declaration and injunction based on a different cause of action.

24 Feb 2026

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the Defendants in O.S. No.25 of 2023, seeking to s...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

30 Nov -0001

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...

High Court

Madras High Court Allows Appeal in Defamation Suit Over Movie Depicting School — No Defamation Found as Movie Was Certified and No Actual Damage Proved. The court held that a suit for damages and injunction against a Censor Board certified movie is not maintainable without proof of actual malice or special damage.

10 Apr 2026

The appellants, defendants in a suit for damages and injunction, challenged the judgment of the XVI Additional Judge, City Civil Court, Chennai, which...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

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