Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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Supreme Court

Supreme Court Upholds Contempt for Breach of Undertaking in Civil Suit — Disobedience of Undertaking Not Erased by Subsequent Dismissal of Suit. The Court held that an undertaking given to a court is binding and its willful disobedience constitutes contempt under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, regardless of the outcome of the main suit.

5 Mar 2025

The case arises from a civil suit where the plaintiffs sought to revoke a Joint Development Agreement (JDA) dated 30th April 2004. During the pendency...

High Court

High Court of Karnataka Allows Appeal Against Return of Counter Claim in Civil Suit — Order 7 Rule 10 CPC Not Applicable to Counter Claims. The trial court erred in returning the counter claim under Order 7 Rule 10 CPC as that provision applies only to plaints, not counter claims; the counter claim must be dealt with under Order 8 Rule 6A CPC.

12 Jun 2023

The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another...

High Court

High Court of Karnataka Dismisses Review Petition for Lack of Standing as Non-Party. Order XLIII Rules 1 & 2 CPC bar review by a person who was not a party to the original writ petition.

10 Jul 2020

The review petitioner, Sri. Venkateshwara Rao, filed a review petition under Order XLVII Rule 1 CPC seeking review of a judgment dated 23.04.2019 pass...

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Upholds Trial Court's Discretion in Rejecting Judgment on Admissions and Allowing Amendment of Written Statement in Property Suit. Court holds that admissions must be clear, unambiguous, and unequivocal for decree under Order XII Rule 6 CPC, and that amendment of pleadings under Section 151 CPC is permissible to clarify or add new facts.

5 Mar 2019

The case involves two writ petitions arising from a civil suit O.S. No. 1165/2009 pending before the XLIII Additional City Civil and Sessions Judge, B...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

High Court

Bombay High Court Allows Appeal Against Review Order in Partition Suit — Amendment of Plaint Allowed at Appellate Stage. Order XLIII Rule 1(w) CPC — Review Court erred in setting aside amendment granted by appellate court under Order VI Rule 17 CPC.

2 Mar 2017

The present appeal arises from a partition suit filed by the original plaintiff (respondent No.1) seeking partition and separate possession of joint f...

High Court

High Court of Karnataka Dismisses Appeal in CPC Case — Application Under Order IX Rule 13 Not Maintainable After Appeal Against Ex Parte Decree Is Disposed of on Merits. Explanation to Order IX Rule 13 of CPC bars a second application to set aside ex parte decree when an appeal against it has been heard and disposed of on merits.

2 Feb 2016

The appellant, Anjanappa, filed a Miscellaneous First Appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

High Court

High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

18 Dec 2015

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit — Held That Order Refusing to Set Aside Ex-Parte Decree Is Not Appealable Under Order XLIII Rule 1(d) CPC and Writ Jurisdiction Under Article 227 Cannot Be Invoked When Alternative Remedy of Revision Under Section 115 CPC Is Available.

3 Apr 2013

The petitioners, Nagananda and K.R. Hanumantha Raju, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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