Search Results for "Order VII Rule 11 CPC"

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

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High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Guardianship Dispute — Mother's Application Under Order VII Rule 11 CPC Rejected as Petition Not Maintainable Under Section 9 of Guardians and Wards Act, 1890

The case involves a Civil Revision Application filed by the original non-applicants (petitioners) against the order of the District Judge, Dhule, reje...

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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.

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

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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.

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...