Search Results for "CPC Amendment Act 2002"

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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Liberal Approach to Amendment Under Order VI Rule 17 CPC. Amendment sought to include additional properties and correct description of existing properties, held to be necessary for determination of real controversy between parties.

The petitioner-plaintiff filed a suit for partition in O.S.No.62/2010 before the Senior Civil Judge and J.M.F.C, Channagiri. During the pendency of th...

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Bombay High Court Dismisses Second Appeal as Not Maintainable Due to Pecuniary Limit Under Section 102 CPC. Suit for Recovery of Rs. 23,466/- Barred by Amendment Act, 2002 as Value Does Not Exceed Rs. 25,000/-.

The plaintiffs, M/s Marine Crete (India), filed Special Civil Suit No. 65/1981/I for recovery of Rs. 23,466/- with interest. The trial court decreed t...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...