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Bombay High Court Allows Writ Petition Against Trial Court's Order to Delete Plaint Prayers in Suit for Declaration and Cancellation of Sale Deed. Court Held That Trial Court Cannot Direct Deletion of Prayers Without First Deciding Valuation and Court Fee Issues Under Order VII Rule 11 CPC.

The petitioners, as power of attorney holders of Smt. Manisha Nimbalkar, filed Special Suit No. 325 of 2013 before the Civil Judge, Senior Division, N...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Sets Aside Order Dismissing Application Under Order VII Rule 11 CPC, Remands Matter for Fresh Adjudication After Joinder of Necessary Parties. The court held that the plaintiff must be allowed to join necessary parties before adjudicating the application for rejection of plaint.

The case involves a civil revision application filed by Rev. Fr. Simpliciano N. Fernandes against an order passed by the Civil Judge, Junior Division,...

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High Court of Karnataka Upholds Rejection of Plaint in Civil Suit for Improper Valuation and Court Fee — Trial Court's Order Under Order VII Rule 11 CPC Affirmed. Non-Compliance with Valuation and Court Fee Requirements Leads to Dismissal of Writ Petition Under Article 227.

The petitioners, Dr. Narasimhalu Nandini Memorial Education Trust and its Managing Trustee Dr. Mahalinga B., filed a writ petition under Article 227 o...