Search Results for Tag : Plaintiff

Judgments

No duty of Defendant to disprove Plaintiff’s unsubstantiated case(09.09.2015)

Plaintiff asserting illegal and in-operative deed for sale of land must prove as such and establish its own right, interest and possession over the la.....

Tags : Sale of land, burden of proof, plaintiff

News

SC: Cause of Action to Plaintiff to File Suit Accrues When There is a Threat to Infringe Right(02.03.2020)

Supreme Court has observed that cause of action to a Plaintiff to file a suit accrues when there is a clear and unequivocal threat to infringe a right.....

Tags : Supreme Court, Cause of Action to Plaintiff

SC: Subsequent Purchaser Can Challenge Readiness of Plaintiff in Specific Performance Suit(22.02.2021)

Supreme Court has observed that subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a sp.....

Tags : Supreme Court, Readiness of Plaintiff in Specific Performance Suit

SC: Plaintiff in Partition Suit Not Disentitled to Seek Relief in Second Appeal(22.02.2022)

Supreme Court has observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was deni.....

Tags : Supreme Court, Plaintiff in Partition Suit

Suit for Mere Injunction Not Maintainable when Defendant can Raise Cloud over Plaintiff’s Title: SC(25.10.2018)

Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title .....

Tags : Supreme Court, Plaintiff Title

Kar. HC: Application for Substitution Can't Be Rejected Without Examining if 'Right To Sue' Survives(20.07.2022)

Karnataka High Court has said that a trial court cannot reject an application made by legal representatives seeking to come on record following the de.....

Tags : Karnataka High Court, Plaintiff’s Death, Right to Sue

SC: Every Interested Party is a Plaintiff in Partition Suit(14.09.2023)

Supreme Court has held that in a suit for partition, every interested party is deemed to be a plaintiff. Law does not bar passing of numerous prelimin.....

Tags : Supreme Court, Partition Suit, Interested Party, Plaintiff

Orissa HC: Court Can’t Permit Intervenors Without Reason or Compel Plaintiff to Join Unrelated Party(04.11.2025)

Orissa High Court has held that a plaintiff cannot be compelled to implead a party against whom no relief is sought, emphasizing that while the plaint.....

Tags : Plaintiff, Party, Intervenors

Supreme Court: Counterclaim under Order 8 Rule 6A CPC Allowed Only Against Plaintiff(13.11.2025)

Supreme Court reiterated that a defendant cannot file a counterclaim against co-defendants. It clarified that under Order 8 Rule 6A CPC, a counterclai.....

Tags : Counterclaim, Plaintiff, Defendant

SC: Plaintiff Who Approaches the Court with Unclean Hands Cannot be Granted Specific Performance(11.03.2026)

Supreme Court dismissed a suit for specific performance, holding that a plaintiff who approaches the court with unclean hands by withholding material .....

Tags : Plaintiff, Unclean Hands, Specific Performance

Supreme Court: Plaintiff Must Prove GPA Deal Was Loan Security, Not Sale; Fraud Alone Insufficient(25.05.2026)

SC ruled that person alleging General Powers of Attorney -based property transactions were only loan securities and not valid sales must prove it with.....

Tags : Plaintiff; General Powers of Attorney; Loan Security