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...passed by the learned XIII Assistant Judge, City Civil Court, Chennai in allowing the application filed by the 1st respondent/petitioner/1st defendant under Order 11 Rule 16 of ...trial Court has not taken note of the fact that only in the event of noncompliance of the notice, the application under Order 11 Rule 16 of ...issuance of notice which is the condition precedent to the application filed under Order 11 Rule 16 of CPC has not been adhered to by the respondents/defendants...
...-examination of the plaintiff, the petitioner - defendant has come with the notice by invoking provisions under Order 11 Rule 16 of CPC., calling...- plaintiff to furnish the documents by invoking provisions under Order 11 Rule 16 of CPC., To invoke the provisions of Order ...provisions under Order 11 Rule 16 of CPC., is not referred in the written statement. The provisions under Order 11 Rule ...
...
IN OS.NO.17/2018 VIDE ANNX-F; CONSEQUENTLY
DISMISS THE APPLICATION FILED UNDER ORDER 11
RULE 16 OF CPC.
THIS PE...respondent- plaintiff's application (I.A.No.XI) under Order XI Rule 16 of the Code of Civil Procedure, 1908 directing the petitioner to produce the original General Power of Attorney dated 11.12.1...THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8030 OF 2023 (GM-CPC...
...demonstrate that the plaintiff is partner of the said firm C.K.Eli and Sons. 7. Order 11 Rule 16 of CPC reads as follows; ...filed for relief of possession and damages. After completion of plaintiff s evidence, the petitioner-defendant filed application under Order XI Rule 16 of CPC t...Order 11 Rule 16 is for a direction to the plaintiff to produce original partnership deed and dissolution deed relating to C.K.Eli and Sons, a partnership firm. It is specific averment ...
...the suit. Taking advantage of the post held by the 11 defendant, he had obtained patta in his wife name, viz., the 12 defendant. Without complying with the provisions of Order 11, ...partition list and the defendants 2 and 8 have filed their objection stating that they did not have such partition list. Order 11, Rule 16 of CPC will not apply to the p...despite serving Memo for production of the original. Therefore, this Court finds that there is no illegality in the order of the trial Court and the revision is liable to be dismissed.16...
...was made to lead secondary evidence on the said document. But the Trial Court rejected the application. The order of rejection is bad and contrary to law and facts. Hence, he submitted that the order may be quashed and the ...
DATED THIS THE 5THDAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 202764 OF 2022 (GM-CPC...., learned counsel for the respondent have appeared in person.
2. The captioned Writ Petition is filed seeking the Writ of Certiorari to quash the order dated 10.10.2022 passed...
...
7
application but it is a notice to produce documents in Form No.7 issued by applicants i.e., defendants invoking Order 11 Rule 16 ...14.03.2013, FILED BY THE
PETITIONERS UNDER ORDER XI RULE 15 & 16 OF CODE
OF CIVIL PROCEDURE.
THIS WRIT PETITION COMING ON FOR...DISTRICT
11.K.M.ASHOK KUMAR
S/O LATE PATEL MARE GOWDA
AGED ABOUT 64 YEARS
RESIDENTS OF...
...11 Rule 16 of CPC for production of certain documents. On the basis of the memo dated 11.11.2021, the respondent- defendant produced the three documents sought for through a Memo dated 24...Exs.B2 to B15 were marked. During the course of cross- examination of DW1, a notice dated 11.11.2021 was served on the respondent-defendant under Order 11 Rule 16 for production of certai...2014 on the file of the I Additional Subordinate Judge, Salem are the revision petitioners in these Civil Revision Petitions. They are aggrieved by the common order dated 28.04.2023 passed in I.A. Nos. 5...
...respondent to produce the counter file of the rent receipt, which was not produced by the plaintiff in spite of the notice sent by the defendant/applicant under Order 11 Rule 16 of ...under Order 11 Rule 21 of CPC has been rejected.
2. It is submitted by the counsel for the applicant that the applicant is not a tenant. Property in dispute was let out to the...from taking advantage of the said counter file in any manner. Counter file of the receipts were not filed and, accordingly, the applicant filed an application under Order 11 Rule 21 of ...
...through misrepresentation, coercion and undue influence. It is in the light of these allegations, an application is made by the plaintiffs in I.A.No.4, filed under Order 11 Rule 16 of CPC.... KAMAL WRIT PETITION NO. 4547 OF 2020 (GM-CPC)
BETWEEN:
1. N G RANGANATHASWAMY
S/O LATE M GANGAPPA,
AGED ABOUT 70...FOR R1 AND R2;
VIDE ORDER DATED 15.01.2025 STEPS IN R/O R3 EXEMPTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA...
...was not having any driving license at the time of accident. He would also submit that the application filed under Order 11 Rule 16 of CPC has been dismissed by the Tribunal vide ...deceased Girish Chandra was coming to his house from village Faguram by Motorcycle bearing registration No.CG-11-AK-1633 owned by Manoj Kumar and when he reached near Charaudi turning, all of a sudden, a....5,00,000/- along with interest.
10. I have heard the counsel for the parties and perused the records.
11. Section 163 (A) of the...
...perusal of the record that during the pendency of trial, an application was made by the insurer on 14.05.2014 under Order 11 Rule 16 of CPC seeking a direction against the owner ...observations.
12. Now, as far as the cross-objection raised by the driver and owner of the vehicle in question under Order 41 Rule 22 of CPC questioning the finding ...liability.
17. In view of above, the cross-objection raised by the driver and owner of the vehicle in question under Order 41 Rule 22 of CPC is accordingly rejec...
...order
11 Rule 16 of CPC for cause production of driving license as evidenced by Ex.R.2. Respondent No.1 and 2 have submitted one xer...notice, remained absent.
11. During the pendency of the appeal first respondent who is the claimant died and his legal representatives brought on record. They were also....
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16. In other words, the Trial Judge ignored the contents of the Ex.P.18 and Ex.R.1 in toto while fastening the liability on the Insurance Comp...
...enquiry before the Tribunal, when the claimant filed an application under Order 11 Rule 16 read with Section 151 CPC on 4. 12. 2000 supported by memorandum of facts, seeking a direction to the own...present case is that the claimant had filed an application under Order 11 Rule 16 of CPC seeking a direction to the respondents to produce policy record but, for the reasons best known to the Trib...to be answered.( 3 ) FIRSTLY, it may be noted that in para No. 16 of claim petition claimant pleaded that the policy for the vehicle was issued by United India Insurance Company, Branch Office...
...effect to decide the application No.37-Ga filed
by the respondent under Order 7 Rule 11 of CPC in SCC Suit
No.16 of 2019 (Thomas T Kurian Vs. Anoop Maheshwari...the respondent(s) feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.
3. In the facts and circumstances of the case, the present...
Neutral Citation No. - 2023:AHC:137380
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 7281 of 2023
Petitioner :- Thomas T Kurian
Respondent...
...the proceedings before Tribunal, applications under Order 11 Rule 16 of CPC and under Order 16 Rule 1 of CPC were filed by the insurance company, seeki...riders of both vehicles.?
III. Whether 2ndrespondent - insurance company proves that, the 1strespondent order of the Hero Honda...respondent No.2 submits that when there is material to show that the rider of the motorcycle was not having a valid driving license and when the respondent No.1 had not yielded to an order passed by the...
...Heard finally with consent.This writ petition is at the instance of the defendant in the suit challenging the order of the trial Court dated 11/3/2014 whereby the trial Court has rejected ...submitted that he is not pressing the rejection of his application under Order 7 Rule 11 of the CPC, therefore the petitioner's challenge to the impugned order ...off these pleadings.The plea which the counsel for petitioner is raising is not covered by any of the clauses of the Order 6 Rule 16 CPC which provides fo...
...application of the petitioner under Order 11 Rule 12 and Order 16 Rule 2 of CPC has been rejected.
2. The short case of the petitioner is t...
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE...SANJEEV SACHDEVA &
HON'BLE SHRI JUSTICE VINAY SARAF ON THE 6thOF MAY, 2025
MISC. PETITION No. 4053 of 2024
KAMAL COTTSPIN...
...such petition, an application was filed under Order 7 Rule 11(d) of the CPC and under Order 16 Rule 1 & 2 of the CPC with a prayer that the relation ...order of the Rent Control Authority dated 20.01.2022 and the order passed by the learned Single Judge in WPC No. 692 of 2022 dated 07.02.2022 are required to be set aside by allowing the application under ...Authority against the tenant under the Act of 2011. Consequently, the dismissal of application under Order 7 Rule 11(d) of CPC and application under Order 16 ...
...Act, 1951 but it may also be dismissed if the matter falls within the scope of Order 6 Rule 16 or Order 7 Rule 11 CPC. A defect in the verification of the election petit...accompanying the election petition was held to be curable, hence, not sufficient to justify dismissal of the election petition under Order 7 Rule 11 or Order 6 Rule 16 CPC. The f...laid down that non-compliance with Section 83 may lead to dismissal of the petition if the matter falls within the scope of Order 6 Rule 16 or Order 7 Rule 11 CPC. Defec...