Search Results for "Article 227 CPC"

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Failure to Appoint Guardian Ad Litem for Minor Defendant Renders Compromise Decree Voidable Under Order 32 Rule 7 CPC.

The Letters Patent Appeal was filed by Mangesh, a minor, through his next friend Ambika Manik Mane, challenging the decision of a learned Single Judge...

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Bombay High Court Upholds Trial Court's Order Allowing Amendment of Plaint in Partition Suit — Amendment Sought to Correct Survey Numbers Based on Fresh Information. Pre-trial Amendment Under Order 6 Rule 17 CPC Allowed as No Prejudice Caused to Defendants.

The case arises from a partition suit filed by the original plaintiff (Respondent No.1) seeking partition and possession of ancestral properties descr...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

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Bombay High Court Dismisses Petitioner's Writ Against Order Closing Evidence in Civil Suit. Trial Court's Discretion to Close Evidence Upheld When Plaintiff Failed to Produce Witnesses Despite Multiple Adjournments and Non-Compliance with Order 16 CPC.

The petitioner, M/s M.M. Corporation, filed a writ petition under Article 227 of the Constitution of India challenging an interlocutory order dated 23...

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Bombay High Court Dismisses Petition Challenging Civil Judge's Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the plaint disclosed a cause of action and limitation was a mixed question of fact and law.

The petitioners, who were defendants in a civil suit filed by the respondents, challenged an order of the Civil Judge, Senior Division, Margao, dated ...