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DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 102-- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - Maintainability of suit - When result of finding on preliminary issue is that suit is not maintainable, it brings an end to litigation between parties - Court shall pronounce judgment in such case - Court need not pass an order first and thereafter, a separate judgment on its..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 15A, Rule 1, 2(as- - Eviction suit - Application filed U.O.15-A CPC before filling of written statement - Maintainability - Suit for eviction and recovery of possession without any claim of arrears of rent filed after expiry of lease period - An application U.O.15-A by plaintiff is held maintainable even before..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues - Preliminary issue - Legal issue on maintainability aspect of suit - To avoid unnecessary legal exercise, Court should first decide maintainability issue because if this issue is decided against plaintiff, there would be no occasion for Court to consider evidence and decide other issues...........

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