Search Results for "Amendment of Plaint"

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High Court Dismisses Miscellaneous Second Appeal in Land Dispute, Upholding Trial Court's Decree and Reversing First Appellate Court's Remand Order Based on Procedural Irregularities in Amendment and Additional Evidence

The High Court of Karnataka at Dharwad heard a Miscellaneous Second Appeal challenging the First Appellate Court's decision to remand a land dispute c...

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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Amendment in Civil Suit Permissible Due to Continuous Cause of Action, Even Without Section 80 Notice – Supreme Court.

The Supreme Court upheld the High Court's decision permitting the amendment, observing: The debarment orders stemmed from a continuous chain of eve...

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Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

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High Court Quashes Amendment to Plaint After Trial Commencement for Lack of Due Diligence. Amendment sought after trial starts dismissed; plaintiff failed to show due diligence under Order 6, Rule 17, CPC.

The court examined whether an amendment to the plaint should be allowed after the commencement of the trial. The plaintiff, an illiterate woman, sough...

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Amendment of Plaint at Appellate Stage: Balancing Bonafide Requirement and Procedural Integrity. Bombay High Court examines the legitimacy of raising new needs in a suit at the appellate stage following the death of the original plaintiff.

The Bombay High Court deliberated on whether a new need, different from the one originally pleaded in the plaint, could be introduced at the appellate...

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Court Allows Amendment in 26-Year-Old Tenancy Suit Despite Prolonged Delays. Court Imposes Exemplary Costs on Plaintiffs for Ninth Amendment, Aims to Prevent Multiplicity of Litigation and Encourage Judicial Efficiency

The petition challenges an order by the Small Causes Court, Mumbai, allowing the Plaintiffs to amend their plaint to add grounds of unlawful sublettin...

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Supreme Court Confirms Partition of Family Properties and Validates Sale Deed. The Supreme Court overturns the High Court's decision on the partition of properties, reinforcing the validity of a sale deed executed by the appellant.

The Supreme Court addressed the partition of family properties, focusing on Regular Survey Nos. 106/2 and 44/4. The High Court had erroneously relied ...