AI Overview...
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Suit Dismissed by Trial Court - Illegality in Dismissal: In a suit for recovery of money, the trial court dismissed the case citing procedural issues. However, under Article 17 of the relevant law, directors had the authority to institute such suits. The court held that the trial court's dismissal was illegal, and the suit should be decreed in favor of the plaintiff. Gupta Plastics Private Limited VS Firm Amrish Plastics - Rajasthan
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Court Confirmation of Dismissal - Civil Revision Petition Rejected: A civil revision petition challenging the dismissal of a money recovery application was dismissed by the higher court, affirming the lower court's decision. The case involved a claim for recovery of money by the first respondent/wife. Pichaimani VS C. Selvarani & Another - Madras
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Suit Dismissed as Time-Barred - Limitation Issue: The court dismissed a recovery suit on the grounds that it was barred by limitation due to expiry of the statutory period. The court emphasized the importance of timely filing in money recovery cases. Ashok Arora VS Nitin Misra - Delhi
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Nature of Suit - Recovery of Money Not for Foreclosure: The court clarified that the suit was solely for recovery of money and not for foreclosure. Evidence such as unregistered mortgage deeds was considered, but the suit's primary purpose remained recovery. The application to admit certain documents was dismissed. Selvan VS Mohamad Gani - Madras
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Admissibility of Documents in Money Suit - Application Dismissed: In a recovery suit, the defendant's application to file additional documents was dismissed. The court focused on the admissibility and relevance of documents related to the money claim. The suit was filed in a subordinate court, and the application was rejected, leading to revision proceedings. Ambal V. Mani VS K. Arumugham - Madras
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Amendment of Written Statement - Delay Grounds: A petitioner sought to amend the written statement in a recovery case, but the application was dismissed due to delay. The court noted that the amendment did not substantially alter the case and should have been allowed. The suit remained for recovery of money. Augustine VS Elizabath - Kerala
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Settlement and Dismissal on Appeal: A suit for recovery was initially dismissed but was later allowed on appeal. Ultimately, parties settled amicably through a joint compromise, rendering the dispute resolved without further court intervention. M/S.RAJU(Died) vs .ARUKKANI, W/O.PALANIAPPAN - Madras
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Second Appeal Dismissed - Insufficient Evidence: A second appeal against the dismissal of a money recovery suit was dismissed due to lack of proof, such as failure to produce valid license or sufficient documentation. The plaintiff's claim was not substantiated. Bharat Singh VS Ram Chander - Current Civil Cases
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Loan Recovery Suit - Appeal Dismissed: An appeal challenging the dismissal of a recovery suit for a loan amount was dismissed. The court held that the plaintiff failed to prove the loan or proper licensing, leading to the rejection of the appeal. Roshan Lal VS Hari Krishan - Punjab and Haryana
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Interlocutory Application Dismissed - Fair Trial Concerns: In a suit for recovery, an application to mark a receipt as evidence was dismissed, citing procedural reasons. The petitioner argued denial of fair trial, but the court maintained the dismissal, emphasizing procedural adherence. M. Appusmay VS M. K. Sabhapathe - Madras
Analysis and Conclusion:
Courts generally dismiss suits for recovery of money based on procedural lapses such as limitation, improper evidence, or delays in filing amendments. However, legal provisions like Article 17 empower directors or authorized persons to institute suits, and courts have held dismissals to be illegal if such authority is overlooked. When procedural requirements are met, and the suit is properly instituted, courts tend to uphold the claim, sometimes leading to decrees in favor of the plaintiff. Dismissals on technical grounds can often be challenged through revisions or appeals, and the success depends on adherence to procedural norms and evidence admissibility.
Search Results for "Suit for Recovery of Money Court Dismissed"
2009 0 Supreme(Raj) 348 • India - Rajasthan
N.K.JAIN
C.P.C., Sec. 96 — First appeal — Suit for recovery of money — Suit dismissed by trial Court on the ground that `R the Director of ... and verify the pleadings — Held — Under Art. 17 Directors were given powers to institute the suit — Trial Court committed illegality ... in dismissing the suit — Suit is decreed agains....
2006 0 Supreme(Mad) 3260 • India - Madras
K.VENKATARAMAN
for recovery of money. ... The court dismissed the application, leading to the present Civil Revision Petition. ... Final Decision: The court confirmed the order of the lower court and dismissed the Civil Revision Petition. ... that has been laid by the first respondent/wife for recovery of money. ... The said Application has been #....
2018 0 Supreme(Del) 1754 • India - Delhi
VALMIKI J.MEHTA
Limitation - Recovery of Money - The court dismissed the suit for recovery of money as time-barred due to the expiration of the ... The suit was dismissed by the trial court as time-barred. ... Finding of the Court: The court found that the suit for re....
2008 0 Supreme(Mad) 3336 • India - Madras
V.RAMASUBRAMANIAN
Finding of the Court: The Court found that the Suit was merely for recovery of money and not for foreclosure. ... Unregistered Mortgage Deed - Suit for Recovery of Money - Court allows marking of document as evidence Fact of the Case: ... The Court below dismissed the application on the grounds th....
2009 0 Supreme(Mad) 71 • India - Madras
G.RAJASURIA
recovery suit. ... Issues: The main issue was the admissibility of the documents sought to be filed by the defendant in the money recovery suit ... The lower court dismissed the application, leading to the filing of the revision petition. ... The plaintiff filed the suit in O.S.No.154 of 2001 before the learned Subordinate Judge, Kancheepuram for #HL_....
1994 0 Supreme(Ker) 67 • India - Kerala
L.MANOHARAN
Fact of the Case: The revision petitioner sought to amend the written statement in a suit for recovery of money. ... The lower court dismissed the petition for amendment solely on the ground of delay. ... Finding of the Court: The court found that the amendment sought did not introduce an entirely new case and should have ... The suit was one for #....
• India - Madurai Bench of Madras High Court
Fact of the Case: The plaintiff filed a suit for recovery of money. ... The trial court dismissed the suit, but on appeal, the suit was allowed. The defendants filed a second appeal. ... Finding of the Court: The parties entered into a joint compromise and settled the issue amicably between them. ... Court, Musiri, for re....
• India - Current Civil Cases
RAJ MOHAN SINGH
Civil Procedure Code, 1908 — Section 100 — Second appeal — Money recovery suit dismissed by Court below — Suit for recovery of Rs ... (Paras 6 to 13, 17 to 20) ... Result: Appeal dismissed. ... not produced and only a folio i.e. one page of bahi was produced — Plaintiff did not prove valid licence for advancing loan under Money ... T....
2016 0 Supreme(P&H) 277 • India - Punjab and Haryana
SHEKHER DHAWAN
Money Lending License - Recovery Suit - The court dismissed the appeal challenging the recovery suit, holding that the plaintiff ... Fact of the Case: The plaintiff filed a suit for recovery of a loan amount, which was decreed by the Court of first ... Final Decision: The Regular Second Appeal was dismis....
2010 0 Supreme(Mad) 1542 • India - Madras
M.JAICHANDREN
Fact of the Case: The petitioner filed an interlocutory application to mark a receipt as a document in a suit for recovery ... The trial court dismissed the application, and the petitioner claimed denial of fair trial and justice. ... Fair Trial - Civil Procedure - O.S.No.319 of 2007 - I.A.No.39 of 2010 - 12(2) - The court dismissed the interlocutory application ... The trial #HL_START....
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