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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint for Want of Notice Under Section 89 of Waqf Act, 1995. Suit Against Waqf Board Without Prior Notice is Not Maintainable and Plaint Liable to be Rejected Under Order VII Rule 11 CPC.

22 Jan 2015

The applicant, M/s Nirmal Associates, a partnership firm, filed a Civil Revision Application against the order of the Maharashtra Waqf Tribunal, Auran...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Possession and Mesne Profits. Court holds that plaint cannot be rejected under Order VII Rule 11(d) CPC when the suit is not barred by limitation and the claim for mesne profits is not time-barred.

31 Dec 2025

The petitioner, M/s. Ramnarain Sons Pvt Ltd, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order...

High Court

Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

23 Dec 2025

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court of Bombay Allows Writ Petition Challenging Trial Court's Order on Preliminary Issue of Jurisdiction Without Hearing Parties. Trial Court's Order Set Aside for Violating Natural Justice Principles Under Order VII Rule 11 CPC.

13 Aug 2014

The petitioner, Chandansingh Sadhusingh Chandel, filed a writ petition under Article 227 of the Constitution of India before the High Court of Bombay ...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

Bombay High Court Allows Writ Petition Against Trial Court's Order to Delete Plaint Prayers in Suit for Declaration and Cancellation of Sale Deed. Court Held That Trial Court Cannot Direct Deletion of Prayers Without First Deciding Valuation and Court Fee Issues Under Order VII Rule 11 CPC.

27 Jun 2014

The petitioners, as power of attorney holders of Smt. Manisha Nimbalkar, filed Special Suit No. 325 of 2013 before the Civil Judge, Senior Division, N...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

29 Apr 2014

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction — Limitation is a Mixed Question of Law and Facts Not Decided at Threshold Under Order VII Rule 11 CPC.

21 Feb 2014

The present civil revision application was filed by the original defendant No.1 in Regular Civil Suit No.1600/2012 pending before the 16th Civil Judge...

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