Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order VII Rule 11 CPC — Suit Not Barred by Limitation or Res Judicata as Plaint Discloses Cause of Action

26 Feb 2026

The present Civil Revision Application was filed by the defendants (applicants) challenging the order dated 26/02/2026 passed by the 7th Additional Se...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

Bombay High Court Allows Amendment of Plaint in Property Suit, Holding That Amendment Seeking to Add Party and Correct Errors Does Not Change Cause of Action. The court set aside the trial court's dismissal of chamber summons under Order VI Rule 17 CPC, allowing the plaintiff to amend the plaint to add a necessary party and correct mistakes.

6 Mar 2013

The petitioners, Smt. Pinky Devi and Mr. Neerajsingh Sunder Singh Thakur, filed two writ petitions under Article 227 of the Constitution of India chal...

High Court

High Court of Gujarat Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation under Article 54 of the Limitation Act, 1963.

26 Feb 2026

The case involves a civil revision application filed by the defendant No.4 (appellant) challenging an order dated 06.05.2023 passed by the 2nd Additio...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

High Court

High Court of Judicature at Bombay Dismisses Revision Applications by Original Defendants Seeking Rejection of Plaint Under Order VII Rule 11 of Code of Civil Procedure, 1908. Limitation Held a Mixed Question of Law and Fact Requiring Trial; Plaint Disclosed Cause of Action Based on Discovery of Will in 2013, Suit Not Barred at Threshold.

8 Dec 2025

The dispute arose from a suit for specific performance and cancellation of documents concerning a large tract of land in Kothrud, Pune. The plaintiff,...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Summary Suit Under Order VII Rule 11 CPC. Exemption from Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015 Upheld as Suit Contemplated Urgent Interim Relief Based on Plaintiff's Apprehension of Asset Disposal to Defeat Claim.

4 Mar 2026

The dispute arose from a commercial summary suit filed by  Respondents, a non-banking financial company, against Applicants for recovery of appro...

Supreme Court

Supreme Court Allows Appeal and Restores Trial Court Decree in Timber Supply Payment Dispute. Misdescription of Proprietorship Firm Name Does Not Invalidate Suit; Amendment Relates Back to Original Filing and Overcomes Limitation Bar.

17 Mar 1969

The dispute arose from a civil suit for recovery of the price of timber supplied. Manohar Lal, son of Jai Jai Ram, carried on business as a commission...

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