Search Results for "restoration of suit"

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High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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High Court of Karnataka Dismisses Miscellaneous Second Appeal in Property Suit — Upholds Appellate Court's Reversal of Ex-Parte Decree. Restoration of Suit Ordered as Defendants Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The present Miscellaneous Second Appeal was filed by the appellants, who were the defendants in the original suit, challenging the judgment and decree...

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High Court of Karnataka Allows Appeal in Restoration of Suit Case — Defendant No.1 Succeeds in Setting Aside Appellate Decree. First Appellate Court Erred in Reversing Trial Court's Dismissal of Suit Without Proper Consideration of Evidence and Limitation Issues.

The case involves a Miscellaneous Second Appeal filed by Defendant No.1 against the judgment and decree dated 08.02.2019 passed in R.A.No.03/2009 by t...

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"Petition for Restoration of Suit Dismissed Due to Non-Service of Summons: Balancing Procedural Compliance and Substantive Justice" "Summons, Dismissal, and Restoration of Rights."

Petition challenging the dismissal of a suit against Defendant No.1(c) due to non-service of summons. The petitioner argues procedural errors and seek...

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Writ Petition Challenges Jurisdictional Authority Over Land Ownership Dispute. Supreme Court to Decide Whether Civil Court or Consolidation Officer Holds Jurisdiction Under the Prevention of Fragmentation and Consolidation Holdings Act, 1947

The writ petition challenges two court orders that determined the Civil Court lacks jurisdiction over a land ownership and possession suit, arguing th...