Search Results for "CPC Section 115"

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Search Results for "CPC Section 115"

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High Court

Madras High Court Dismisses Revision Against Execution of Ex-Parte Decree in Money Suit — Procedural Compliance Under Order 21 Rule 11[A] CPC Upheld. Execution Petition Filed with Proper Affidavit of Assets and Within Limitation, No Ground to Dismiss EP.

1 Jun 2026

The case involves a Civil Revision Petition filed by A.S. Jahangir (petitioner) challenging the order dated 30.01.2026 in EA No.3/2025 in EP No.688/20...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

High Court

Madras High Court Allows Revision Petition in Execution Proceedings — Unregistered Sale Deed Admissible for Collateral Purpose to Prove Possession Under Order XXI Rule 97 CPC. The court held that an unregistered document can be admitted to prove the character of possession, even if not admissible for title, and directed the trial court to receive the documents subject to payment of stamp duty and penalty.

6 Feb 2026

The revision petitioner, T. Shanmuga Bharathivel, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

Supreme Court

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.

25 Apr 2025

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

High Court

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.

12 Dec 2024

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...

High Court

Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

23 Sep 2024

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

High Court

High Court of Karnataka Allows Appeal Against Interim Injunction in Commercial Dispute Under Section 9 of Arbitration Act — Injunction Granted Without Considering Balance of Convenience and Irreparable Injury Set Aside. The court held that an interim injunction under Order 39 Rules 1 and 2 CPC requires satisfaction of all three principles: prima facie case, balance of convenience, and irreparable injury.

22 Mar 2021

The appellants, owners of a property, entered into a development agreement with the respondent developer. Disputes arose, and the respondent filed an ...

High Court

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.

25 Nov 2019

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) ...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Remand to Executing Court in Lease Renewal Dispute — Executing Court Must Determine Whether Decree Permitted Extension Beyond 2013. The High Court's exercise of revisional jurisdiction under Section 115 CPC was upheld as the Executing Court's order disposing of execution was final and no other remedy existed.

24 Sep 2019

The appellant, M/s Bagalkot Udyog Limited, was a lessee under the respondents pursuant to a lease deed dated 19.11.1952 for 30 years ending on 31.03.1...

High Court

High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

26 Feb 2018

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

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