Search Results for "dominus litis"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "dominus litis"

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High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Allows Impleadment of Property Owners in Suit Against Municipal Corporation Under Order I Rule 10 CPC. Petitioners claiming ownership of suit property are necessary parties to suit for declaration and injunction against demolition notice.

19 Dec 2025

The petitioners, Pushpendrakumar Keshrilalji Sharma and Makarand Sharad Pande, filed a writ petition under Article 227 of the Constitution challenging...

Supreme Court

Supreme Court Allows Plaintiffs' Appeal Against Impleadment of Subsequent Purchasers as Defendants in Civil Suit - Sets Aside High Court and Trial Court Orders. Court Held That Plaintiffs Are Dominus Litis and Cannot Be Compelled to Implead Defendants Against Their Wish Under Order 1 Rule 10 CPC, Though Non-Impleadment Is at Plaintiffs' Risk Regarding Counter-Claim.

16 Sep 2022

The Supreme Court heard a civil appeal arising from a property dispute where the appellants (original plaintiffs) had filed Civil Suit No. 298/2011 fo...

Supreme Court

Supreme Court Dismisses Appeal of Third-Party Purchaser Seeking Impleadment in Suit for Specific Performance — Plaintiff Cannot Be Compelled to Implead Stranger Against Wish Under Order 1 Rule 10 CPC. The Court held that a third party claiming independent title cannot be added in a suit for specific performance as it would enlarge the scope of the suit.

17 Jul 2019

The appellant, Gurmit Singh Bhatia, purchased a suit property during the pendency of a suit for specific performance filed by the original plaintiffs ...

High Court

Bombay High Court Dismisses Petition by Aakash Educational Services Limited Challenging Arbitral Award — Court Upholds Arbitral Tribunal's Findings on Factual Issues and Contract Interpretation Under Section 34 of the Arbitration and Conciliation Act, 1996.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challengi...

High Court

Bombay High Court Dismisses Petition for Appointment of Receiver in Share Dispute Due to Lack of Urgency and Alternative Remedy. Court holds that civil suit for specific performance and injunction is maintainable and no case for appointment of receiver under Order 40 Rule 1 CPC is made out when possession is not threatened and legal remedy is available.

3 Nov 2025

The petitioner, Aakash Educational Services Limited, filed two writ petitions (WP-11425-2024 and WP-11426-2024) seeking appointment of a receiver unde...

High Court

Bombay High Court Allows Subsequent Purchaser to Join as Defendant in Pending Suit — Upholds Right to Defend Property Under Order I Rule 10 CPC. The court held that a subsequent purchaser of suit property is a necessary party for complete adjudication and the plaintiff's dominus litis right is not absolute.

1 Feb 2011

The present Letters Patent Appeal arises from a judgment of a learned Single Judge of the Bombay High Court at Nagpur, which upheld an order of the tr...

Supreme Court

Supreme Court Sets Aside High Court Order in Civil Appeal Due to Procedural Irregularities and Lack of Reasoning. High Court's Decision to Implead Party and Remand Case Without Considering Merits Violated Code of Civil Procedure, 1908, Section 96 and Order XLI Rule 31, Leading to Remand for Proper Disposal.

16 Dec 2021

The dispute originated from a suit for recovery of Rs. 47,90,088/- with interest filed by the appellant (original plaintiff) against respondents 1 and...

Supreme Court

Supreme Court Sets Aside NCDRC Order Compelling Amendment of Consumer Complaint in Insurance Claim Dispute. Complainant is Dominus Litis and Cannot Be Forced to Amend Pleadings.

9 Dec 2021

The appellant, M/s Acme Cleantech Solutions Private Limited, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NC...

Tribunals

NCLAT Dismisses Appeal by Personal Guarantor Against Withdrawal of Insolvency Petition by State Bank of India — Principles of Dominus Litis and Right to Withdraw Under Section 95 of IBC, 2016 Upheld. The Personal Guarantor has no locus standi to object to the withdrawal of a Section 95 petition by the Financial Creditor before admission.

25 Apr 2025

The case involves an appeal filed by S. Srinivasan, a Personal Guarantor of M/s. Sri Venkatram Spinners Pvt. Ltd., against an order of the National Co...

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