Cpc G. Surya Narayanan Mhc Advt: Section 115

[4/4, 16:10] Cpc G. Surya Narayanan Mhc Advt: Section 115

2014(6) MLJ 100

G. Krishnamoorthy vs V. Sathyanarayan, The Management of Janani Cold Storage Systems P ltd

Petitioner orally terminated – appeal filed for setting aside and reinstatement- respondent filed application to drop further proceedings in appeal- appellate authority allowed application and dismissed appeal- petitioner has filed proof affidavit and documents- case posted for cross examination- appellate authority order without opportunity to both sides is illegal

Order 7 rule 11

2014(6) MLJ 444

Hindustan Uniliver Limited vs Reckitt Benckiser ( India) Ltd

Plaintiff filed suit seeking various relief – interim injunction granted set aside in revision- revision petitioner filed petition to reject suit- plaintiff clearly stated in Plaint that cause of action arose in specified place- no written statement filed denying cause of action- contention of revision petitioner that civil court has no jurisdiction to try suit and has to seek remedy in other forum not accepted as there is no bar to file civil suit- other grounds are to be decided after filing of written statement and evidence
[4/6, 11:19] Cpc G. Surya Narayanan Mhc Advt: Section 148, 151

2014(6) MLJ 8

S. Kamalam vs Rajamani

Suit against petitioner decreed ex parte- application to set aside allowed on condition- petition filed for extension of time dismissed as not bona fide – court does not become functus officio and can condone delay- petitioner filed plea of defence and can take part in subsequent proceedings even without order under order 9 rule 7- order set aside

Order 17 rule 2

2014(6) MLJ 704

Vijaya & others vs Ranganathan & others

4th defendant in army could not participate in trial in suit for partition- trial court examined plaintiff and passed decree on merits confirmed in first appeal- when defendants solely relied upon alleged Will for claiming their right, unless Will is proved, trial court should not have proceeded to decide on merits- defendants should be given opportunity to 4th defendant to let in evidence and decide suit on merits- matter remitted for fresh trial

You may also like...

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now ButtonCALL ME
WP Twitter Auto Publish Powered By : XYZScripts.com