Search Results for "Section 115 CPC"

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Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

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High Court of Karnataka Allows Civil Revision Petition, Sets Aside Order Referring Dispute to Arbitration Under Section 8(1) of Arbitration and Conciliation Act, 1996 — Agreement Not Duly Stamped and Insufficiently Stamped, Hence Not Enforceable.

The petitioner-plaintiff filed a suit for recovery of Rs.16,29,311.74 with interest. The suit was decreed ex parte on 10.04.2018. The defendant No.1 f...

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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

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Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court Order Refusing to Reopen Evidence. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to allow a party to adduce additional evidence after closure of evidence.

The petitioners, who are defendants in a partition suit, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challe...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...