Search Results for "Mixed Question of Fact and Law"

3 result(s) found

Scroll Down To Discover

Found 3 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

© Image Copyrights Juris Services & Technology

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.

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

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Appeal in CPC Case — Rejects Application Under Order 7 Rule 11 CPC for Rejection of Plaint as Not Maintainable. Court Holds That Issues of Limitation and Bar of Suit Are Mixed Questions of Fact and Law Requiring Trial, Not Summary Rejection.

The appellant, M/s. Sai Srinivasa Properties and Technologies Pvt. Ltd., filed a suit before the trial court seeking specific performance of an agreem...