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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Plaint Not Barred by Limitation or Res Judicata as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit.

The applicant, original defendant No.1 in S.C.S. No.5055/2012, filed a civil revision application under Section 115 of the Code of Civil Procedure, 19...

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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well.

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration ...

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Madras High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court holds that plaintiff failed to prove title and possession, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves two second appeals arising from a common judgment of the Additional Sub Judge, Chengalpattu, in A.S. No.12 of 2001, which modified t...

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Bombay High Court Dismisses Writ Petition Against Rejection of Plaint, Holds Appeal Lies Under Section 96 CPC. Rejection of plaint under Order 7 Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 96 CPC, not subject to writ jurisdiction.

The petitioner, Udasing Jagmohansing Dikhat-Thakur, filed Special Civil Suit No. 14 of 2022 in the Court of Civil Judge Senior Division, Beed, seeking...