Search Results for "vexatious suit"

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Search Results for "vexatious suit"

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High Court

Gujarat High Court Allows Revision Against Rejection of Application to Produce Additional Evidence in Suit for Redemption of Mortgage and Partition. The court held that additional evidence can be permitted at any stage if relevant for just adjudication, and that the trial court erred in rejecting the application solely on ground of delay under Section 115 of the Code of Civil Procedure, 1908.

5 Mar 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 arises from the rejection of an application at Exh. 20 i...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different. The Court held that a subsequent suit for injunction based on a fresh cause of action is not barred by Order II Rule 2 CPC when the earlier suit was for declaration and injunction based on a different cause of action.

24 Feb 2026

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the Defendants in O.S. No.25 of 2023, seeking to s...

High Court

Madras High Court Dismisses Defendants' Petition to Strike Out Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different from Earlier Suit. The court held that the bar under Order II Rule 2 CPC applies only when the cause of action is the same, and since the present suit was based on a fresh cause of action, the plaint cannot be struck off.

24 Feb 2026

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the defendants in O.S. No.25 of 2023, seeking to s...

Supreme Court

Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

3 Feb 2026

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

High Court

Bombay High Court Discharges Court Receiver in Property Dispute, Directs Parties to Pursue Claims Before DRT. Court holds that once a suit is transferred to DRT, the Court Receiver's role ceases and parties must seek remedies before the Tribunal.

6 May 2021

This judgment concerns an application filed by the Court Receiver seeking discharge without passing accounts, subject to payment of costs, charges and...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

15 Sep 2015

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Family Court Order Striking Defence as Res Judicata in Divorce Case. Defence raised in divorce proceedings held barred by principles of res judicata due to prior decree in suit for declaration of marriage registration as null and void under Section 11 CPC.

16 Sep 2014

The petitioner, Sri Vijay N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 29.10.2013 pas...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

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