Search Results for "Article 227 CPC"

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Search Results for "Article 227 CPC"

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High Court

Madras High Court Allows Revision Petition Under Article 227 Against Dismissal of Application Under Order XLI Rule 19 CPC — Maintainability Upheld Despite Availability of Appeal Under Order XLIII Rule 1(t) CPC. First Appellate Court Erred in Deciding Appeal on Merits Instead of Dismissing for Non-Prosecution Under Order XLI Rule 17 CPC.

30 Jan 2026

The revision petitioner, Thulasi Naicker, was the plaintiff in O.S.No.166 of 2002 before the District Munsif Court, Chengalpet, which was dismissed on...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

8 Sep 2025

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal Against High Court's Framing of Points for Determination in Eviction Proceedings Under Mumbai Municipal Corporation Act, 1888. High Court Exceeded Jurisdiction by Pre-Determining Issues for Inquiry Officer in Summary Eviction Proceedings, Thereby Delaying Eviction of Unauthorised Occupants of Public Premises.

10 Dec 2024

The Supreme Court allowed the appeals filed by the Municipal Corporation of Greater Mumbai and others against the common judgment and order of the Bom...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Order XII Rule 6 CPC Application in Suit for Recovery and Possession — No Clear Admission Found in Written Statement.

18 Mar 2021

The petitioner, Manoj Brijlal Kapoor (Defendant No.5), filed a writ petition under Article 227 of the Constitution of India challenging an order dated...

High Court

Bombay High Court Dismisses Civil Revision Against Order Rejecting Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Court holds that the Trial Court's refusal to set aside ex-parte decree was justified as the defendants failed to show sufficient cause for non-appearance and the application was filed beyond limitation.

29 Oct 2018

The petitioners, who were the original defendants in Regular Civil Suit No. 42/2014/B, filed a Civil Revision Application under Section 115 of the Cod...

High Court

High Court of Karnataka Dismisses Landlord's Writ Petition Challenging Rejection of Interim Deposit Application in Rent Suit. Inherent Powers Under Section 151 CPC Cannot Be Used to Direct Deposit of Rent When No Specific Provision Applies and Suit Governed by Transfer of Property Act.

20 Oct 2016

The petitioner, Smt. B V Nagakannika, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 28.3.2016 passed...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

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