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Search Results for "amended plaint"

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High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed.

31 Aug 2021

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Rent Suit Pending for 21 Years. Amendment Allowed Subject to Costs as No Irretrievable Prejudice Caused to Plaintiff.

2 Sep 2024

The petitioners, legal representatives of the original plaintiff Morarji Hariram (since deceased), filed a writ petition challenging an order dated 13...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

1 Feb 2024

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...

High Court

Bombay High Court Allows Production of Additional Documents in Commercial Summary Suit Under Order XI Rule 5 CPC — Inadvertence and Lack of Coordination Constitute Reasonable Cause. The Court held that the Plaintiff established reasonable cause for non-disclosure of balance sheets and emails that were referred to in the plaint and evidence but not annexed, and permitted their production subject to costs.

3 Feb 2025

The Plaintiff, Saffron Developers Pvt. Ltd., filed a Commercial Summary Suit (No. 113 of 2019) against Premchand Resorts and Apartments and others for...

High Court

Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

23 Dec 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

High Court

Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

28 Jan 2021

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

High Court

High Court of Karnataka Allows Revision Petition Against Rejection of Plaint in Suit for Declaration and Injunction — Mutt's Suit Not Barred by Limitation or Res Judicata. The court held that Order 7 Rule 11 CPC requires consideration only of plaint averments, and the suit cannot be rejected on limitation or res judicata unless the plaint itself clearly shows the bar.

24 Jun 2024

The petitioner, Shri Admar Mutt Kaliya Mardana Krishna Devaru, represented by its Peethadhipathi, filed a Civil Revision Petition under Section 115 of...

High Court

Bombay High Court at Goa Dismisses Civil Revision Application in Property Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed a cause of action and was not barred by limitation, as the suit was for partition and separate possession based on joint family property.

6 Jul 2023

The judgment arises from a Civil Revision Application filed by the applicants (defendants in the original suit) against the order of the Civil Judge, ...

High Court

High Court of Karnataka Allows Appeal in Civil Procedure Case — Holds That Order VII Rule 11 CPC Permits Only Rejection of Plaint as a Whole. Partial rejection of a plaint is not permissible in law under Order VII Rule 11 of the Code of Civil Procedure, 1908.

28 Jun 2018

The appeal arises from an order dated 05.04.2016 passed by the 42nd Additional City Civil and Sessions Judge, Bangalore on I.A.No.37 in O.S.No.8068/20...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

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