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

...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 Petitioner states that in pursuance to the MoU dated 17.12.2019, the Petitioner herein had issued five (5) cheques for a total sum of Rs. 70,00,000/- in favour of the father of the Respondent...

...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...jurisdiction. Assuming that the factual position is, as claimed by the petitioners Counsel, that does not affect the legal position that the suit, is not and cannot be instituted on the basis of the...

...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...against the employee if it has not been instituted in respect of any cause of action which arose more than four years before the institution of the suit. For...suit in 5O.S.No.151/2009 for recovery of a sum of Rs.54,68,524/- with interest thereon, from the defendants. It is alleged that defendants were the employees under the plaintiff and they have all...

..., 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...second defendants in the said money suit. As such, the interim direction sought for against the third and fourth respondents to not alienate the property is not permissible.(ii) Further...

...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...witnesses were examined and 4 Exhibits marked. The learned trial Judge after analysing both oral and documentary evidence of both sides decreed the suit as prayed for. Aggrieved by the same, the defendant...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...

...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...is how the appellant/defendant is before this Court by way of present regular second appeal. (3.) At the very outset, an objection has been raised by the learned counsel for the...

...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...

..., the impugned judgment should not be interfered with.9. A suit for recovery of money due from a borrower indisputably is maintainable at the instance of the creditor. It is...impugned judgment is sustainable. It was furthermore urged that in view of the well-settled principle of law that pendency of a criminal matter would not be an impediment in proceeding with a civil suit...S.B Sinha, J.— Leave granted.2. Whether in a suit for recovery of money on a cheque issued by the defendant but dishonoured, the amount received by...

...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...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...Rajiv Sahai Endlaw, J.:— The plaintiff has instituted this suit for recovery of Rs. 4,17,19,650/- with interest at 18% per annum jointly and severally from three defendants viz. (i...

... 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.... CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff has instituted this suit for recovery of Rs...plaintiff with interest. Hence, the present suit for recovery of Rs.2,60,00,000/- along with pre-suit interest at the rate of 18% per annum amounting to Rs.1,57,19,650/- i.e. for a total sum of Rs...

...withheld the amount, which is due from one entity as against the another. 9.We remind that the civil Courts in this country are still functioning and remedy for recovery of money is only to present the suit before the Civil Court. Writ petition for the purpose of recovery of money is not maintainable. We..., these are the exceptional circumstances. We feel that the present writ petition is not maintainable, especially since N.Rajkumar had agreed that he had signed the minutes of meeting dated 24.08.2012. Having agreed to the minutes of the meeting, the question as to whether it is due to vitiating circumstances or not are the matter, which require evidence. A writ petition is not a substitute for the suit of recovery of money, especially...point to be considered in this appeal is whether the writ petition challenging the minutes of the meeting and seeking recovery of money is maintainable. 7.The aforesaid...

...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...

...application.3. The records disclose that suit filed by the petitioner for recovery of money of Rs. 1,500/- against the respondent has been dismissed by the trial Court on the ground that the petitioner is engaged in money lending business but does not possess necessary licence for such business and therefore, no suit for recovery of money at the instance of the petitioner is maintainable in..., yet few are pending. However, the petitioner has not obtained any licence under the said Act for such business and as per S. 10 of the said Act, without such licence, no suit for recovery of money by a person engaged in such business is maintainable. The trial Court has also held that the transaction in question is not an...and further that there is admission by the petitioner that he had filed about eight suits for recovery of money borrowed from him and some of the suits were decreed and some others had been dismissed...

...plaintiffs have admitted that they are in possession of the two bighas of fields, their suit for recovery of money was not maintainable. In revision by the plaintiffs, it is argued that even though the...Transfer of Property Act and therefore there was nothing to prevent the plaintiffs from bringing a suit for the recovery of the money due under the promissory note. Reliance...money advanced, but was only an arrangement for the payment of interest. I can sec therefore in bar to the plaintiffs' instituting the present suit for the recovery of the sum of Rs. 200. The result...

...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...documents are only xerox copies and they cannot be relied upon. It is the contention of the learned counsel that the suit has been filed for various reliefs. The plaintiff restricted only in respect of...was delivered byN. Sathish Kumar, J.:— The suit has been filed for recovery for a sum of Rs. 51,74,785/- being the value of the tools, machinery and equipment as detailed in the...

...suit for recovery of money is not legally maintainable and hence the decree is without jurisdiction. Assuming that the factual position is, as claimed by the petitioners Counsel, that does not affect.... The teacher could not unite this sordid schism between the parties. The plaintiff then approached the Anchalik Pancnayat without avail and hence his suit for recovery of the said loan with interest...no suit for money would lie on the admitted position of the parties that there was a usufruc tuary mortgage deed evidencing the transaction. He further submits that this deed, although un registered...