AI Overview...
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Maintainability of suits and applications
Many sources highlight that suits or applications are considered not maintainable if proper procedural requirements are not met, such as lack of necessary declarations, improper marking of documents, or failure to specify the prayer. For example, the suit for partition without declaring the partition deed (Ex.A1) is not maintainable K. S. Ramanathan (died) by LRs. , & Others VS R. Jayaraman & Others - Madras; similarly, a suit lacking a declaration regarding property rights is held not maintainable Karupathal VS Palani Naicker alias K. Palaniappan (died) - Madras, and a suit for specific performance without a declaration is also deemed not maintainable R. Karuppusamy VS P. Sivaraj - Madras. -
Procedural issues related to document marking
Several references emphasize that documents must be properly marked before being used for comparison or evidence. An application for signature comparison was rejected because the document was unmarked M. Vasanthakumar vs Devika - Madras, and a revision petition was dismissed as the document was already marked without objection Sheikh Qutubuddin VS Goli Vishwanatham - Andhra Pradesh. Proper marking is essential for admissibility and subsequent proceedings. -
Legal procedural remedies and stages
Courts have held that interlocutory revisions or appeals are not maintainable at certain stages, especially if the correct forum or procedure is not followed, such as the revision petition not being maintainable at an interlocutory stage Lifeshine Medical Services Pvt. Ltd VS Alety Jeevan Reddy - Telangana, or the need to seek appropriate remedies before the proper forum. -
Specific case examples
- Suit for partition without declaration of partition deed is not maintainable K. S. Ramanathan (died) by LRs. , & Others VS R. Jayaraman & Others - Madras.
- Claims for concessional tax rates are invalid if procedural provisions (Form-C compliance) are not met India Agencies (Regd. ) , Bangalore VS Additional Commissioner Of Commer. Taxes, Bangalore - Supreme Court.
- Suit for specific performance lacking a prayer for declaration is not maintainable R. Karuppusamy VS P. Sivaraj - Madras.
- The application for signature comparison is not maintainable if the document is unmarked M. Vasanthakumar vs Devika - Madras.
- Orders dismissing applications as not maintainable due to procedural lapses (e.g., unmarked documents, lack of proper prayer) are upheld Sunitha VS State Of Kerala - Kerala, Karupathal VS Palani Naicker alias K. Palaniappan (died) - Madras.
Analysis and Conclusion
Overall, the main insight is that maintainability hinges on procedural compliance, including proper document marking, appropriate prayers, and filing before the correct forum. Failure to adhere to these procedural requirements renders suits or applications not maintainable, as consistently upheld across various cases. Therefore, in the context of Marked in E a but Not in E P, if the document or case lacks proper procedural steps or declarations, it is unlikely to be considered maintainable.
Search Results for "Will Marked in E a but Not in E P Maintainable"
2007 0 Supreme(Mad) 2507 • India - Madras
P.JYOTHIMANI
as Ex.A1 is not maintainable. ... and in such circumstances, the present suit for partition without taking steps to set aside the said partition deed dt.210. 1959 marked ... exercised his option to declare such a partition deed as not enforceable. ... as Ex.A1 is not maintainable. ... Therefore, the suit filed for partition without declaration regarding the partition deed dt.210. 1959 marked as Ex.A1 is clearly not maintainable. .......
2005 1 Supreme 37 • India - Supreme Court
S.N.VARIAVA, A.R.LAKSHMANAN
as duplicate—Not maintainable—Assessing Authority disallowed the benefit of concessional rate of tax on ground that appellant did ... Registration and Turnover) Rules, 1957—Rule 12(1)—Inter-state sales—Claim of concessional rate of tax on basis of portions of ‘Form-C’ marked ... Admittedly, the appellant has not complied with the said provisions and, therefore, he is not entitled to the concessional rate of ... of portions of Form-C marked as original. ... dealers for the loss of the ....
2019 0 Supreme(Mad) 2696 • India - Madras
G.K.ILANTHIRAIYAN
as suit itself is not maintainable without the prayer of declaration. ... no document to prove that the plaintiff is entitled under ‘B’ schedule property or mentioned as common pathway in the sale deed marked ... of the plaintiff - Therefore, this Court is of the considered opinion that the reasons assigned by the first appellate court do not ... When there is no document to prove that the plaintiff is entitled under ‘B’ schedule property or mentioned as common pathway in the sale deed dated 19.10.1942 marked#H....
2024 Supreme(Online)(MAD) 41746 • India - High Court of Madras
V. Lakshminarayanan, J
Issues: The main issue was whether the application for comparison of signatures could be maintained without the document being marked ... A perusal of the order shows that the learned District Judge has not rejected the application outright. The learned District Judge has only stated that the petition is not maintainable since the document is yet to be marked. An unmarked document cannot be sent for comparison by the Court. ... The application was returned by the learned District Judge pointing out that....
2010 0 Supreme(Ker) 706 • India - Kerala
V.RAMKUMAR
) and as per the impugned order dated 2.2.2010 dismissed the application as not maintainable holding inter alia that eventhough the ... under Ss.18, 19 and 20 of the Act - Learned Magistrate took up the application, proof affidavit and Exts.P1 to P11 (which were marked ... Thereafter the learned Magistrate took up the application, proof affidavit and Exts.P1 to P11 (which were marked) and as per the impugned order dated 2-2-2010 dismissed the application as not maintainable holding int....
2014 0 Supreme(Mad) 1797 • India - Madras
P.R.SHIVAKUMAR
Whether the suit for specific performance is not maintainable without a prayer for declaration that in unilateral cancellation by ... The appellant contended that the suit is not maintainable for want of prayer seeking a declaration that the cancellation of the agreement ... specific performance based on the agreement for sale dated 11.06.2006, which was produced by the respondent before the trial court and marked ... Even then, it was not held therein that the suit for recovery of pos....
2024 0 Supreme(Telangana) 105 • India - Telangana
K. SUJANA
the revision petition is not maintainable at an interlocutory stage. ... The petitioner contends that the Tribunal should not have marked the document as it was unstamped, while the respondents argue that ... maintainable at an interlocutory stage and that the appropriate remedy should be sought before the appropriate forum. ... is that as per Section 37 of the Act, 1996, the revision itself is not maintainable. ... Therefore, prayed this Court to dismiss the revision....
2025 Supreme(Online)(Ker) 27135 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
(A) Family Court Act - Compromise Decree - Maintenance Orders - The petitioner contended that the execution petition was not maintainable ... in light of the compromise decree marked as Exhibit P5, indicating a settled dispute. ... To declare that the compromise decree marked as Exhibit P5 substantially decides the lis between the parties. ii. To declare that CMP 456/22 in MC 417/2013 is not executable in view of the compromise decree marked as Exhibit P5. iii. ... The definite content....
2014 0 Supreme(AP) 74 • India - Andhra Pradesh
P.NAVEEN RAO
Learned counsel for the respondents submits that when the document was marked, no objection was raised by the defendants and since no objections were raised and document is already marked, the present revision petition is not maintainable. ... Learned counsel further contends that right or wrong once a document is marked, no court has jurisdiction to nullify the marking of the document and, therefore, present revision petition is not maintainable. ... Extensive submis....
1996 0 Supreme(P&H) 307 • India - Punjab and Haryana
R.P.SETHI, R.L.ANAND
Finding of the Court: The High Court held that the application was not maintainable. ... Fact of the Case: Plaintiffs filed a suit for partition of joint property, including portions marked X, Y, and Z. ... and 151 of the Civil Procedure Code, seeking to correct an alleged omission in the High Court's judgment regarding the properties marked ... According to the respondent, the entire area marked A, B, C, D, E, F, G comprising area marked X, Y, 21 were partitioned between the parti....
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