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Immovable Property Disputes

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Suit is barred by law must be determined from the statements in the plaint and not from WS, Plea of Res Judicata beyond the scope of Order 7 Rule 11 (d)CPC: Supreme Court
By team of Advocate Retainer August 10, 2021 - 08:30

The SC on Aug 09, 2021 {Srihari Hanumandas Totala vs. Hemant Vithal Kamat & Ors} held that Order 7 Rule 11(d) of CPC provides that the plaint ...

Posted in Averments in Plaint, Not WS, Order 7 Rule 11 CPC, Order XIV CPC, Preliminary Issue, Res Judicata

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Decree includes rejection of a plaint, only appeal is maintainable under Sec 96 CPC: SC
By team of Advocate Retainer July 22, 2021 - 06:30

The SC on July 20, 2021 {Sayyed Ayaz Ali vs.Prakash G Goyal & Ors.} held that the definition of “decree” in Section 2(2) “shall be deemed to i...

Posted in After rejection of plaint amendment cannot be allowed, Appeal against rejection of Plaint, Cancellation of Sale Deed not sought, Declaration Suit, Decree, Order 7 Rule 11 CPC, Simpliciter Declaration

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After registration, the title would pass on to the transferee, non-payment of a part of the sale price would not affect the validity of the Sale Deed: Supreme Court
By team of Advocate Retainer July 11, 2020 - 13:00

The SC on July 9, 2020 {DAHIBEN vs ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS & ORS.} held that the whole purpose of conferment of power...

Posted in Order 7 Rule 11 CPC

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