Search Results for "Section 96 CPC"

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Search Results for "Section 96 CPC"

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Supreme Court

Supreme Court Allows Application Under Order IX Rule XIII CPC to Set Aside Ex Parte Succession Certificate Due to Minor's Incapacity and Material Suppression. The Court held that a minor cannot be expected to respond to public notice or initiate proceedings independently, and material discrepancies in the application under Section 372 of Indian Succession Act, 1925 justified revocation under Section 383.

1 Apr 2026

The dispute originated from an application filed by respondents under Section 372 of the Indian Succession Act, 1925, seeking succession certificate f...

Supreme Court

A comprehensive overview of the legal proceedings and judgments surrounding the review petition in Civil Appeal, shedding light on key arguments, legal interpretations, and the subsequent decision by the court.

16 May 2024

Review petition seeking the review of an order passed in a civil appeal. In the original order, the Civil Appeal was allowed, setting aside the judgme...

Supreme Court

Supreme Court Partly Allows Appeal in Land Acquisition Compensation Case Due to Erroneous Rejection of Additional Evidence Application. High Court's dismissal of application under Order 41 Rule 27 CPC set aside as additional evidence was required to determine fair market value, with matter remanded to Reference Court for proof of documents.

10 Mar 2022

The dispute arose from a land acquisition case where the appellant, an original claimant and land owner, sought enhanced compensation after the Land A...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Due to Procedural Error in Remand and Directs First Appellate Court to Decide Delay Condonation and Merits. High Court Erroneously Set Aside Trial Court's Ex Parte Decree While Hearing Second Appeal Against Dismissal on Limitation Grounds, Contrary to Code of Civil Procedure, 1908, Section 96 and Appellate Procedure.

18 Jan 2022

The dispute originated from a suit for declaration and possession filed by the appellants (original plaintiffs) against the respondent (original defen...

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 Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

13 Mar 2019

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...

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