...supreme court has expressed doubt about the maintainability of the suit for recovery of money in the civil court by a dismissed employee of the raj. State road transport corporation. If the supreme court takes the view that such a suit for recovery of money is not maintainable, the...money on its basis even though the termination order is found invalid. (15). In this case, the petitioners had taken the plea of jurisdiction in the suit itself and that plea was...decided against them. Having been decided by the civil court that the suit was maintainable, it is not open to raise this plea again in execution. In some other cases, which are listed alongwith this...

...nature and the suit for recovery of money is not maintainable?”6. After admitting the matter and taking the same for final disposal, this court in order to find out as to whether the terms...K. Ravichandrabaabu, J.:— The appellants are the defendants. The respondent as the plaintiff filed the suit for recovery of money.2. The case of the plaintiff is that they became...suit when there is no specific relief for performing the contract of bid?c. Had not the courts below erred in decreeing the suit as the transaction between the parties is contract in...

...that a mere suit for recovery of money is not maintainable and that the plaintiff ought to have sue for dissolution of partnership and rendition of accounts. At least an issue should have been raised and...the plaintiff in a suit for recovery of money. The suit was dismissed by the trial court. 2. The plaintiff is engaged in real estate business. The...to file a suit for dissolution of partnership and rendition of accounts. The suit for money was held to be not maintainable. 5. Heard Sri.Santhan V Nair, learned...

...herein i.e., Sh. Diwan Chand Gupta. He states that the father of the Respondent is admittedly not a party to the said commercial suit. He states that therefore the said suit for recovery of money is not maintainable as.... The suit has been filed by the Plaintiff for rendition of accounts of the partnership firm M/s Gupta Mediscan Centre, permanent injunction and recovery of Rs. 70,00,000.... The suit has been registered as a commercial suit and is being tried under the provisions of Commercial Courts Act, 2015 ('act of 2015'). 2. The learned counsel for...

...sanctioned by the competent authorities. 16. The first and foremost contention taken up by the learned counsel for the appellants is that as per Rule 214(3) of KCSR, the suit for recovery of money is not maintainable as...Nos.2, 3 and 7 filed their written statement contending that suit is not maintainable for non-joinder of necessary parties and misjoinder of parties. That there is a separate cause of action if any, to...a condition of service but not for recovery of loss caused by the employees as the suit is civil in nature is concerned, on going through the provision of rule 214 of KCSR, it is clear that no...

...has preferred this Appeal Suit. 7. The learned counsel appearing for the appellant / defendant argued that the suit for recovery of money is not maintainable and the plaintiff should...have filed suit for specific performance as per the agreement, dated 29.12.2009 against the persons who failed to perform their obligation. It is contended that only as per the direction of the...the account has already been settled. It is also contended that as per the agreement, dated 23.11.2011, two working partners were inducted and the suit is also not maintainable. 8. The...

..., this Court is of the view that:-(i) The third and fourth defendants had not executed any pronote or instrument to repay the said principal loan amount with interest to the plaintiff, but they have only stood as guarantors. Therefore, the suit for recovery of money is not maintainable against...the suit is not maintainable against the third and fourth defendants. The guarantor can be pulled by the the plaintiff for recovery of the said amount, only after the plaintiff obtains the decree...defendant for a value of Rs. 10 Crores, which is much higher than the suit value amount. As such, the interlocutory application in I.A Nos. 89 of 2013 and 88 of 2013 is not maintainable. Further, in I.A...

...that there was in fact a usufructuary mortgage and that the plaintiff had been put in possession of the land, the suit for recovery of money is not legally maintainable and hence the decree is without...mortgage, in absence of a personal covenant to repay the loan, a suit instituted for recovery of the loan is not maintainable. This, however, is not the case here. In the instant case, there is no...teacher could not unite this sordid schism between the parties. The plaintiff then approached the Anchalik Panchayat without avail and hence his suit for recovery of the said loan with interest...

...without challeging the above said sale deed, mere suit for recovery of money is not maintainable and the sale deed in favour of the appellant /first defendant was not brought to the knowledge of the...sale deed is in existence and thereby without challenging the sale deed, the suit is not maintainable. The first respondent/plaintiff after knowing about the result of previous suit he ought to have filed suit for declaration of his title or reconvey the properties to his vendors i.e,2 to 4 respondents/defendants through Court of law. Without doing so filed the suit for recovery of money as...Court in earlier proceedings in O.S. No.35 of 2008. Further, the trial Court failed to consider that framing of suit itself is not maintainable since there is no relief sought for as against the...

...filed against them; (h) in fact, the plaintiff as property broker of Jasjit Singh and Satwant Kaur arranged sale of the third floor of the said property; (i) the present suit for recovery of money is not maintainable and...provides limitation of three years from the date when the money is received, for a suit for money payable by the defendant to the plaintiff for the money received by the defendant for the plaintiff's...defendants and for recovery of which this present suit has been filed were paid by way of earnest money/part consideration for purchase of an immovable property by the plaintiff from the defendant no. 1...

... Kaur arranged sale of the third floor of the said property; (i) the present suit for recovery of money is not maintainable and the entitlement if any of the.... 23. Articles 23 and 24 to which attention is drawn are clearly not applicable. The monies paid by the plaintiff to the defendants and for recovery of which this present suit has been filed were.../-. The counsel for the plaintiff however states that since the suit is being allowed and for the sake of expediency, he does not want trial for the disputed amount of Rs.5,00,000/- and gives up the claim...

...compensated.7. The learned counsel appearing for the defendant in his submission submits that the suit itself is not maintainable. No documents filed to prove the authorization to file the suit. It is further contented that the contract was admittedly terminated on 25.05.2010 and without challenging the termination, the suit for recovery of money is...their liability and claim in the prayer were denied. It is the contention that plaintiff is not entitled to any of the reliefs. Hence, prays for dismissal of the suit.4. This Court...pay future damages at Rs. 2,11,600/- per month till the plaint claim is settled.(c) For the recovery of a sum of Rs. 8,00,000/- by way of damages for mental agony and harassment...

...respondent/plaintiff that the appeal is not maintainable in view of the specific provision of Section 102 of the Code of Civil Procedure, 1908 inasmuch as that the second appeal is not maintainable where the suit is for recovery of money not...." (2.) Heard. Admittedly, the suit out of which the present appeal has arisen was filed for recovery of Rs. 15,000/-. The suit was decreed. First appeal has been dismissed. It...that he has no escape route and the appeal is liable to be dismissed on this ground at this very stage. (4.) In view of the above, the appeal is dismissed as not maintainable. ...

.... 10. The defendant-bank filed its written statement wherein it had admitted the relationship existing between itself and the plaintiff and that according to it, a summary suit for recovery of money is not maintainable. It...the suit-claim pleading that the plaintiff is not entitled for the same. 18. The conclusion arrived at by the Court below to the effect that the suit is a mere suit for recovery of...the rents and that it is not a suit for damages for occupation and use of the suit-premises by the defendant-bank is erroneous for the simple reason that when once the period of lease expires...

...petitioner herein. The suit for recovery of money is not maintainable on the invoice based contract or transaction under Order XXXVII Rule 1 of C.P.C. 4. The petitioner...respondent made demand by way of notice and the petitioner did not pay the amount and as such, the first respondent filed a suit for recovery of money under Order XXXVII Rule 1 of C.P.C. 17. Learned counsel for the petitioner raised a ground that the suit itself is not maintainable under...) for recovery of money for which the second respondent is the second defendant. Therefore, the petitioner is being 2/26 http://www.judis.nic.in the first defendant in the suit filed a petition in I.A.No...

... 5.30 p.m. on 24.10.2011. Since plaintiff failed to make payment he committed breach and had no right to sue. On said grounds she sought dismissal of suit by awarding compensatory costs. 6. Based on pleadings, trial Court framed following issues and additional issues: 1. Whether the defendant No.1 proves that suit for recovery of money is not maintainable? 2... 31.01.2014, PASSED IN O.S.NO.154/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, JAMAKHANDI, DISMISSING THE SUIT FILED FOR RECOVERY OF MONEY...alleged that defendant no.1 deliberately breached contract. In view of sale in favour of defendant no.2, plaintiff did not find fit to seek main relief and instead chose to file suit for recovery of...

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...: 4.1 In the said suit, the defendants have filed the written statement denying the allegations inter alia contending that the suit for recovery of money is not maintainable and...has waived its right to seek specific performance of the said agreement by filing the present false suit for recovery of money not due and payable by the defendants. 4.3...amount not the earnest sale consideration. The suit filed by the plaintiff is only simple suit filed for recovery of amount on the basis of promissory note executed by the first defendant and the suit...

.../13B by which application filed by applicant under Order 7 Rule 11 CPC has been dismissed. 2. It is the case of applicant that respondent No. 1 has filed a suit for recovery of money, and said suit is not maintainable against...submissions made by counsel for applicant, this Court will be required to consider as to whether plaint filed by respondent No. 1 can be rejected in part or not? The question is no more res...OF INDIA THR AND OTHERS Appearance: Mr. Prashant Sharma - Advocate for petitioner. Mr. Sripad Chitnis - Advocate for respondent No. 1...

...decree when the subject matter of the original suit is for the recovery of money not exceeding ₹25,000/-. 3. Accordingly, the present appeal is disposed off being not maintainable. 03.04.2025... passed by the First Appellate Court, whereby the suit of the plaintiff- appellant for recovery of ₹7,979/- was dismissed. 2. The pecuniary subject...matter of the present appeal is ₹7,979/- which does not exceed ₹25,000/-. As per Section 102 of the Code of Civil Procedure, 1908 no second appeal shall lie from any...