Search Results for "Rejection of Plaint"

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Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

Supreme Court

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.

1 Jan 2020

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 ...

Supreme Court

Supreme Court Dismisses Appeal in Succession Dispute, Holding Probate Not Required for Will Made in Delhi by Hindu. Section 213 of Indian Succession Act, 1925 does not mandate probate for wills by Hindus outside Bengal, Madras, and Bombay territories.

26 Jul 2019

The present appeal arose from a dispute over the estate of Zorawar Singh, who executed a Will dated June 16, 1985 and a codicil dated October 21, 1995...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

29 Apr 2019

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

Supreme Court

Supreme Court Allows Appeal, Rejects Plaint in Gift Deed Challenge Due to Limitation Bar. Registered Gift Deed Executed in 1981 Challenged After 22 Years; Suit Held Barred by Article 59 of Limitation Act, 1963.

26 Feb 2019

The Supreme Court allowed the appeal filed by the original defendant, Raghwendra Sharan Singh, against the judgment of the Patna High Court which had ...

Supreme Court

Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

1 Feb 2019

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

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