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Search Results for "order vii rule 11"

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High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Counter Claim in Suit for Permanent Injunction — Counter Claim Held Maintainable Despite Pendency of Earlier Suit. The court held that a counter claim arising out of the same transaction cannot be rejected under Order VII Rule 11(d) CPC on grounds of res judicata or lack of cause of action.

5 Oct 2023

The petitioner, Rajeev Gandhi Gruha Nirmana Sahakari Sangha, filed a suit for permanent injunction against the respondent, Smt. Sulochana, in O.S. No....

High Court

High Court of Karnataka Allows Appeal Against Rejection of Suit in Copyright Infringement Case — Suit Not Barred by Section 60 of Copyright Act, 1957 as Plaintiff Sought Declaration of Non-Infringement and Injunction Against Threats. Section 60 provides an additional remedy and does not oust civil court jurisdiction; plaint cannot be rejected at threshold under Order VII Rule 11(d) CPC.

27 Sep 2023

The appellant, M/s Chancery Pavilion, represented by its owner M/s Elixir Enterprises Hotels (P) Ltd., filed a Regular First Appeal under Section 96 r...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Maintainability of Suit by 'Vinkar Bhavan' — Building Name Held to be a Mere Description, Not a Juridical Person, but Suit Maintainable as Landlord is Natural Person. The Court upheld the trial court's rejection of preliminary objection under Order VII Rule 11(a) CPC and application for non-joinder of necessary parties.

13 Nov 2013

The petitioner, Dr. Ashok Agrawal, a tenant, challenged two orders passed by the trial court: (1) rejecting his preliminary objection that the suit fi...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Land Revenue Entry Dispute — Suit for Declaration Maintainable Despite Bar Under Section 106 of Land Revenue Code. The court held that a civil suit seeking declaration that survey entries are superfluous is not barred by Section 106 of the Land Revenue Code as it does not challenge any order under the Code.

27 Sep 2013

The appellants, Digambar Dattu Dessai and Deepa Dagambar Dessai, filed a civil suit (Civil Suit No. 25 of 2006) before the District Judge, South Goa, ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

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.

10 Nov 2022

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 ...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

6 Sep 2022

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Municipal Corporation Suit — Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act Can Be Considered Under Order VII Rule 11 CPC. The court held that a suit challenging a notice under Section 260 for unauthorized construction is barred by Section 433A, and the bar can be examined under Order VII Rule 11 even if not apparent from the plaint.

29 Apr 2013

The case involves a civil revision application filed by the Commissioner of Akola Municipal Corporation against an order of the Trial Court rejecting ...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

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