Search Results for "dismissal of suit"

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Supreme Court Dismisses Appeals in Property Dispute, Upholds Deletion of Issues and Rejection of Section 151 Application. Court holds that Order XIV Rule 5 CPC allows deletion of issues at any stage and Section 151 CPC cannot be used to circumvent specific provisions like Order VII Rule 11 CPC.

The case involves a property dispute over CB-97, Naraina Village, Delhi Cantt. The appellants (defendants in the suit) challenged two orders of the De...

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Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

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Bombay High Court Dismisses Suit for Non-Prosecution and Non-Payment of Court Fees in Copyright Dispute Over Film Script. Plaintiff failed to pay deficit court fee of Rs.2,50,000 and did not prosecute the suit after interim relief was denied.

The plaintiff, Uday Singh Deshraj Rajput, filed Suit (L) No. 967 of 2013 in the Bombay High Court on 11 November 2013 seeking a declaration that he wa...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Allows Writ Petition, Quashes Trial Court Order Dismissing Suit for Non-Prosecution in Electricity Recovery Case. Failure to Consider Pending Application for Service by Paper Publication Renders Order Unsustainable.

The Maharashtra State Electricity Distribution Company Limited filed a suit for recovery of Rs.3,52,705.29 towards electricity bills from December 200...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation.

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty th...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...