Search Results for "CPC Amendment Act 2002"

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High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Possession Suit — Alternate Plea of Revocable License Allowed Under Order VI Rule 17 CPC. Amendment Permitted Despite Proviso as Trial Had Not Commenced and No Prejudice Caused.

The petitioner, Garware-Wall Ropes Ltd., the original defendant, challenged an order dated 13/01/2011 passed by the trial court allowing the responden...