Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka Allows Revision Petition in Suit for Rejection of Plaint — Order VII Rule 11 CPC Application Must Be Decided on Plaint Averments Alone, Not Evidence or Defenses. The court set aside the Trial Court's order rejecting the application under Order VII Rule 11(a) and (d) CPC and allowed the application, rejecting the plaint.

26 Jul 2024

The petitioner, Defendant No.4 in O.S.No.1246/2013, filed a Civil Revision Petition under Section 115 CPC challenging the order dated 12.12.2023 passe...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Objection to Territorial Jurisdiction in Service Termination Suit. Plaintiff's Cause of Action Arose at Nagpur Where She Worked and Was Terminated, Conferring Jurisdiction on Nagpur Courts Under Section 20(c) CPC.

6 Apr 2026

The respondent/plaintiff, Mrs. Archana Dongre, was employed as a Relationship Manager with HDFC Bank Limited at its Nagpur branch. Her services were t...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Allows Writ Petition Against Small Causes Court's Refusal to Dismiss Suit for Want of Jurisdiction in Gratuitous Licensee Case. Jurisdiction Must Be Determined by Plaint Averments; Suit Against Gratuitous Licensee Lies Only Before Civil Court Under Section 41 of Presidency Small Causes Courts Act, 1882.

16 Jun 2005

The petitioner, Deepak Dhansing Patil, was the original defendant in a suit filed by the respondents, Girish Damodar Deo and Nitin Damodar Deo, in the...

High Court

Bombay High Court Allows Petitions Challenging Rejection of Plaints Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action and Barred by Limitation. Court holds that while considering an application under Order 7 Rule 11 CPC, the court must look at the plaint averments alone and cannot rely on the written statement or other documents filed by the defendant.

9 Aug 2019

The judgment involves two writ petitions arising from orders of the trial court rejecting plaints under Order 7 Rule 11 of the Code of Civil Procedure...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order 7 Rule 11(d) CPC when suit is within limitation based on plaint averments, and that bar under Section 23 of Indian Contract Act, 1872 requires trial.

16 Apr 2022

The petitioner, Goodwill Realtors and Properties Pvt. Ltd., filed a Civil Writ Petition under Article 227 of the Constitution of India challenging an ...

High Court

High Court of Judicature at Bombay Decides Two Notices of Motion in Property Trespass Suit Alleging Defective Verification and Improper Institution of Plaint. The Court Examines Whether Plaint Filed by Constituted Attorney Without Personal Knowledge and on Unstamped Power of Attorney Should Be Rejected Under Order VII Rule 11 CPC and Maharashtra Stamp Act.

6 Sep 2019

The suit was filed by Sheikhah Fedi ah Saad Al - Abdullah Al - Sabah against Sanjay Mishrimal Punamiya and others alleging trespass into suit premises...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession.

12 Dec 2022

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Di...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Upholds Trial Court Order Rejecting Application for Rejection of Plaint Under Order VII Rule 11(a) CPC. Plaint Disclosing Completion of Work and Raising of Invoices Sufficiently Discloses Cause of Action.

1 Jul 2017

The case involves a civil revision application filed by Varron Auto Kast Limited (the appellant/defendant) challenging an order of the 5th Joint Civil...

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