Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Revision Application Against Suit for Possession and Declaration; Res Judicata Plea Not Made Out at Interim Stage. Court Finds Earlier Suit Did Not Directly and Substantially Include Reliefs for Possession and Document Declaration, Hence Section 11 CPC Bar Not Applicable.

28 Feb 2018

The dispute concerned a residential premises in Mumbai. The applicants, who were defendants in the trial court suit, had previously filed S.C. Suit No...

High Court

High Court of Judicature at Bombay Dismisses Petition Challenging Cooperative Court's Order on Jurisdiction under Section 9A CPC. Court Holds Section 9A CPC as Inserted by Maharashtra Amendment Act, 1977 is Not Repealed by Central Amendment Acts of 1999 and 2002 and Remains in Force in State of Maharashtra.

14 Mar 2006

The writ petition arose from a suit filed before the Co-operative Court, Solapur, by the respondents against the petitioner cooperative bank. The peti...

High Court

High Court Holds in Review Petition that CPC Amendments under Commercial Courts Act Do Not Apply to Commercial Disputes Below Specified Value. The 120‑day limit for written statement under Order VIII Rule 1 of CPC, 1908 as amended by the Commercial Courts Act, 2015 is inapplicable to suits where the Specified Value is below Rs. 3 lakhs, even if the suit is before the Commercial Division under the proviso to Section 7.

1 Jun 2019

The dispute arose in a commercial suit where the Plaintiff had determined the Specified Value at Rs. 20,000, which was below the threshold of Rs. 3 la...

Supreme Court

Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

19 Jul 2026

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

High Court

Bombay High Court Allows Tenant's Petition Against Dismissal of Application to Set Aside Ex Parte Decree for Non-Compliance of Section 17(1) of Provincial Small Cause Courts Act, 1887. Held That Compliance with Section 17(1) Is Not a Condition Precedent for Entertaining Application Under Order 9 Rule 13 CPC.

5 Oct 2015

The petitioners, tenants, were subjected to an ex parte decree for eviction and possession passed by the Court of Small Causes on 19.09.2013 under Sec...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

High Court

Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

4 Aug 2021

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

High Court

High Court Dismisses Writ Petition Against Rejection of Impleadment Application in Perpetual Injunction Suit. Impleadment of Third Party Not Permitted Under Order I Rule 10 of Code of Civil Procedure, 1908 as No Relief Sought Against It and Suit is Right in Personam, Not Right in Rem.

23 Mar 2026

The dispute originated from a suit for perpetual injunction filed by the petitioner against Nanded Waghala City Municipal Corporation concerning prope...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

Supreme Court

Supreme Court Upholds Appeal and Dismisses Foreclosure Suit Due to Improper Joinder and Limitation Bar. Court Reverses High Court's Addition of Plaintiffs and Defendants Under Order 1 Rule 10 CPC as the Added Parties' Claims Were Time-Barred Under Section 22 of the Indian Limitation Act, 1908.

18 Apr 1966

The dispute arose from a mortgage executed in 1934 in the former State of Hyderabad. The mortgage amount became due in 1943. The first respondent, cla...

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