Search Results for "Order 7 Rule 11"

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Search Results for "Order 7 Rule 11"

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High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order 7 Rule 11 CPC Set Aside for Lack of Jurisdictional Fact Finding. The Court held that the issue of res judicata is a mixed question of law and fact requiring trial, not a preliminary rejection under Order 7 Rule 11 CPC.

25 Jul 2025

The case involves a property dispute between the appellants (legal representatives of the deceased plaintiff Rajamma) and the respondent (Muniyamma). ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

6 Jan 2025

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Specific Performance Suit — Agreement to Sale Not Disputed by Defendants. The court held that the valuation of the suit property by the plaintiff was not shown to be arbitrary or mala fide, and the defendants had not disputed the agreement to sale, thus the plaint could not be rejected under Order 7 Rule 11 CPC.

5 Dec 2022

The applicant, Prakash Wanjari, along with two others, entered into an agreement to sale dated 18/01/2009 with the non-applicants (defendants) for the...

High Court

Bombay High Court Allows Arbitration Application Under Section 8 of Arbitration Act, 1996 — Dispute Referred to Arbitrator Despite Alleged Non-Signatory to Arbitration Agreement. Court holds that existence of arbitration agreement between parties is a jurisdictional fact to be decided by the trial court before referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

19 Sep 2022

The petitioners, M/s TCI Infrastructure Limited and M/s Transport Corporation of India Limited, filed a suit before the 6th Joint Civil Judge, Senior ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

20 Jul 2022

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery. Limitation Period for Suit Based on Oral Agreement Runs from Date of Refusal to Pay, Not from Date of Knowledge of Sale Deeds.

20 Jul 2022

The case involves a civil revision application filed by the defendants (applicants) challenging the order of the trial court rejecting their applicati...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in SARFAESI Act Jurisdiction Dispute. Disputed Question of Fact Regarding Agricultural Land Cannot Be Decided Under Order 7 Rule 11 CPC; Issue Must Be Tried in Suit.

18 Sep 2020

The applicant, Sundaram Home Finance Limited, a secured creditor, filed a Civil Revision Application challenging an order of the Civil Judge, Junior D...

High Court

Bombay High Court Dismisses Revision Applications in Suit for Declaration and Injunction — Rejects Challenge to Order Refusing to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court holds that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require trial.

19 Mar 2020

The case involves two civil revision applications filed by the defendants (applicants) against the order of the trial court dated 30.01.2019, which re...

High Court

High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Bar Association Election Dispute. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

28 Jan 2020

The case involves a civil revision application filed by the applicant (original defendant No.2) challenging an order dated 18/11/2019 passed by the Co...

High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

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