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 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

High Court of Karnataka Allows Civil Revision Petition and Quashes Trial Court Order Accepting Deficit Court Fee After Two-Year Delay. Trial Court Erred in Exercising Discretion Under Section 149 CPC Without Proper Application of Mind and Beyond Statutory Time Limits Under Section 148 CPC, Rendering Suit Stillborn.

18 Feb 2026

The dispute arose from a civil revision petition filed by defendants challenging the Trial Court's order accepting deficit court fee payment after two...

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 ...

High Court

Bombay High Court Dismisses Revision Application in Eviction Suit — Tenant's Right to Contest Decree Not Extinguished by Consent Terms. State Trading Corporation of India Ltd. held not entitled to challenge eviction decree under Order 23 Rule 3A CPC as consent terms were not shown to be unlawful or void.

2 Dec 2025

The case involves a Civil Revision Application filed by the State Trading Corporation of India Ltd. (the applicant/original defendant) against an orde...

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

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

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) ...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

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...

High Court

High Court of Karnataka Dismisses Revision Petition in Co-operative Bank Recovery Suit — Special Officer's Personal Liability for Unauthorized Appointment Upheld. Appointment of Personal Assistant Without Board Approval Renders Special Officer Personally Liable Under Section 30A of Karnataka Co-operative Societies Act, 1959.

21 Aug 2015

The petitioner, Sri K.S. Chaugule, was appointed as Special Officer of the Bijapur District Central Co-operative Bank Ltd. under Section 30A of the Ka...

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