Search Results for "chamber summons"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "chamber summons"

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High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Dismisses Defendant's Application to Produce Additional Documents in Suit by NTPC — Belated Filing After Cross-Examination Concluded and Multiple Prior Opportunities Not Availed. The court held that the defendant's conduct indicated a desire to delay the trial and that permitting the documents would cause prejudice to the plaintiff under Order 11 Rule 1 and Order 13 Rule 1 of the Code of Civil Procedure, 1908.

29 Jan 2016

The judgment concerns a Chamber Summons filed by the defendant, Reliance Industries Ltd. (RIL), in a suit pending since 2006 filed by the plaintiff, N...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Allows Amendment of Decree to Correct Name of Judgment Debtor and Sets Aside Attachment of Third Party's Property. Decree holder permitted to amend arbitration award and decree to substitute 'M/s. Sarju International' with 'M/s. Sarju International Ltd.' as the correct judgment debtor; attachment of bank account and property belonging to the third party applicant set aside as they were not the judgment debtor.

9 Sep 2005

The judgment concerns two chamber summonses arising out of an execution application. The first chamber summons was taken out by the decree holder, M/s...

High Court

Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

13 Jul 2005

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

High Court

Land Dispute Resolved: Court Upholds Cooperative Societies' Ownership Rights. Court Affirms Validity of 1960 Conveyance, Rejects Claims by Municipal Authorities

18 Jun 2024

The dispute Regarding a 1960 conveyance deed concerning common plots in the Juhu Vile Parle Development (JVPD) scheme between the Bombay Housing Boar...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

30 Nov -0001

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

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