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Search Results for "order vii rule 11"

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High Court

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

25 Jan 2019

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

2 Apr 2019

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Caste Validity Suit — Limitation Period Under Article 58 Not Applicable as Suit Sought Consequential Relief. Suit for Declaration and Setting Aside of Scrutiny Committee Order Governed by Article 113 of Limitation Act, 1963, and Filed Within Time.

8 Apr 2019

The appellant, Gulab Ayubkhan Pathan, filed a suit (Special Civil Suit No.5 of 2017) before the Joint Civil Judge, Senior Division, Ahmednagar, seekin...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

High Court

Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

30 Nov -0001

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

High Court

High Court of Karnataka Allows Appeal in Commercial Dispute Over Partnership Firm's Property — Sets Aside Trial Court's Decree for Lack of Proper Pleadings and Evidence. The Court held that a suit for declaration of title and injunction based on a partnership deed requires proof of partnership and compliance with Section 69 of the Indian Partnership Act, 1932.

9 Jun 2026

The appellant, Sri M.J. Pradeep Kumar, a partner of M/s Raghavendra Enterprises, filed a commercial appeal under Section 13(1A) of the Commercial Cour...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession.

16 Nov 2011

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they we...

High Court

High Court of Bombay Allows Revision Application of Foreign Consulate in Rent Dispute — Section 86 CPC Bar on Suits Against Foreign States Upheld. Consulate General of Czech Republic held immune from suit for declaration of tenancy under Maharashtra Rent Control Act, 1999 as prior consent of Central Government under Section 86 CPC was not obtained.

30 Nov 2011

The case involves a Civil Revision Application filed by the Consulate General of the Czech Republic and the Consulate itself (original defendants) aga...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a suit for specific performance of an agreement to sell is not barred by limitation when the agreement is undated and the plaintiff alleges continuous readiness and willingness.

20 Aug 2011

The appellant, Sunil Agrawal, filed Special Civil Suit No. 510 of 2010 in the court of Civil Judge, Senior Division, Aurangabad, seeking specific perf...

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