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Section 115 CPC

Case BriefsHigh Courts

MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC

Madhya Pradesh High Court: Rohit Arya, J., dismissed a revision petition which was filed after the dismissal of Petitioner’s application under Order

Published on February 23, 2021March 5, 2021By Editor_4
Leave a comment2667 views
Case BriefsHigh Courts

Bom HC | Prayer for withdrawal and liberty to file fresh suit cannot be split into two: plaintiff entitled to file fresh suit even if no express liberty given

Bombay High Court: Sandeep K. Shinde, J. dismissed an application filed under Section 115 CPC taking exception to the order of the Civil

Published on August 29, 2019September 3, 2019By Bhumika Indulia
Leave a comment14105 views
Case BriefsHigh Courts

MP HC | Plaint filed under Or. 7 R. 11 CPC can be rejected based on grounds mentioned in Rule 11 or if the cause of action has not been disclosed

Madhya Pradesh High Court: Prakash Shrivastava, J., dismissed the revision petition filed by the respondents under Section 115 CPC where they challenged

Published on August 27, 2019August 29, 2019By Bhumika Indulia
Leave a comment4648 views
Case BriefsHigh Courts

Del HC | Discrepancy of not filing “leave to defend” under Or. 37 R. 3(5) in response to summary suit could be ignored in interest of justice

Delhi High court: Vibhu Bhkaru, J. dismissed a revision petition filed under Section 115 CPC impugning an order passed by the Additional District

Published on August 17, 2019August 19, 2019By Bhumika Indulia
3 Comments6772 views
Case BriefsHigh Courts

Guj HC | Applicability of S. 115 CPC can’t be exercised in a routine manner in absence of any perversity

Gujarat High Court: A Bench of A.J. Shastri, J. dismissed a petition being devoid of merit as the case did not fall

Published on April 4, 2019April 5, 2019By Bhumika Indulia
Leave a comment3399 views
Case BriefsHigh Courts

Clause ousting jurisdiction of courts held valid, Gauhati HC directs petitioner to pursue remedy before Delhi courts

Gauhati High Court: A Single Judge Bench comprising of Kalyan Rai Surana, J. dismissed a revision petition filed under Section 115 CPC

Published on August 27, 2018August 30, 2018By Bhumika Indulia
Leave a comment2678 views

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