Search Results for "Order XXX CPC"

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Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

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High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Property Dispute — Orders Notice to Defendants Without Granting Injunction. Court holds that granting ex parte injunction without recording satisfaction of exceptional circumstances under Order 39 Rule 3 CPC is improper.

The appellant in MFA 3477/2026, Sri Suresh Babu J N, and the appellants in MFA 3478/2026, Smt. B Rajeshwari and others, filed miscellaneous first appe...

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Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

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Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Karnataka High Court Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court and first appellate court decrees dismissing suit for declaration and possession, finding no substantial question of law under Section 100 CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for declaration of title and possession f...

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High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...