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Madras High Court Allows Revision Against Dismissal of Suit for Default, Restores Suit on Condition of Costs. Order 9 Rule 9 CPC does not bar a fresh suit when the earlier suit was dismissed for default under Order 9 Rule 3 CPC, as the bar applies only to dismissals under Order 9 Rule 8 CPC.

The petitioners, as plaintiffs, filed a civil suit O.S.No.172 of 2018 before the District Munsif Court, Tindivanam, seeking relief. The suit was dismi...

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Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227.

The case involves two Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, arising from a suit for specific performanc...

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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

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Madras High Court Dismisses Revision Against Refusal to Recall Witness in Partition Suit. Trial Court's Discretion to Reject Application Under Order 18 Rule 17 CPC Upheld as Not Perverse.

The case arises from a civil revision petition filed by defendants 2 and 5 in a partition suit (O.S.No.53 of 2022) pending before the Additional Distr...

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Bombay High Court Dismisses Challenge to Revisional Order Directing Trial Court to Issue Witness Summons — Objection as to Maintainability of Revision Without Leave Not Raised Before Lower Court Cannot Be Raised for First Time in Appeal Unless Miscarriage of Justice Shown

The applicant, Sunil Chanchlani, challenged an order dated 10th March 2014 passed by the Additional Sessions Judge, Nagpur in Criminal Revision No.464...

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Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...

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Bombay High Court Allows Employees' Writ Petitions Against Industrial Court's Refusal to Register Revision Under Section 44 of MRTU & PULP Act. Industrial Court Cannot Reject Revision at Threshold on Ground of Interlocutory Order.

The judgment concerns two writ petitions filed by employees challenging the refusal of the Industrial Court, Ahmednagar, to register their Revision (U...

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Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...