...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 t...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 ...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 ...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 c...

...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 acc...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....

...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 .... 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 ...

...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 ...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 cau...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 ...

...has preferred this Appeal Suit. 7. The learned counsel appearing for the appellant / defendant argued that the suit for recovery of money is not ...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 sto...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 th...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 ...

...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 ...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 ou...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 ...

... Kaur arranged sale of the third floor of the said property; (i) the present suit for recovery of money is not .... 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 presen.../-. 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.5,00,00...

...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 ...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...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 ...

...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 t...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...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 ha...

...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 ...." (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...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 ...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 ...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 p...

...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. ...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 ...) 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 ...

... 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. ... 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...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 ...

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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...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. ...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 ...

.../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 ...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...

...appeal shall lie from any decree when the subject matter of the original suit is for the recovery of money not exceeding ₹25,000/-. 3. Accordingly, the pr... passed by the Trial Court and the judgment and decree dated 27.04.1995 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...

...Procedure, 1908 no second appeal shall lie from any decree when the subject matter of the original suit is for the recovery of money not exceeding Rs.25,000/-. ...15.05.1995 whereby the judgment and decree dated 28.02.1994 passed in its favour was reversed and its suit for recovery of Rs.20,128/- (i.e. Rs.14,800/- as principal amount and Rs.5,328.../- as interest) was dismissed. 2. The pecuniary subject matter of the present appeal is Rs.20,128/- which does not exceed Rs.25,000/-. As per Section 102 of the Code of Civil...