original trust deed for altering the quantum of interest by
will alone, was irrevocable; (ii) that the order on the
originating summons was null ... Original Side Rules
of the Calcutta High Court, under which the order on the
originating summons could have been made
against persons claiming under such tenant; (g) procedure by way of originating summons; (h) consolidation of suits, appeals and other proceedings; (i) delegation
Originating Summons has been defined in Order I, rule 3(U.K.), as every summons, other than summons in a pending cause or matter. Order ... originating motions while in India it has to be made by petition. There is understandable and appreciable difference between a petition and an originating summons
such charities determined
and adjudicated by this Court in an originating summons
in its original jurisdiction, the execution of an
Indenture by Bachoobai on 26th ... were Doijode Associates. The
Respondent s Attorneys in the aforesaid Originating
Summons, the Appeal therefrom and the aforesaid
Miscellaneous Petition No.41 of 2003 were
appeal from the decision of Pratt J. in an Originating Summons.
2. The facts are that, on the 18th September 1878, one Vishvanath Narayan Mandlik ... sell the property, so the plaintiffs filed this suit as an Originating Summons in order to have the rights of the first defendant under
HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICITON
ORIGINATING SUMMONS NO. 2029 OF 2011
IN
SUIT NO. 2964 OF 2011
Charu K. Mehta ... Originating Summons may be entertained by civil courts.
33.
The origin of an Originating Summons is traced by Mr. Justice
Chitty in the case
England it is not open to claim specific performance on an Originating Summons. That must de left to a suit, as must also any question ... with the real dispute between the parties. Accordingly, we allowed the Originating Summons to be amended by striking out the original two questions
submit their scheme. He submitted that though the petitioners
had filed Originating Summons in this Court for interpretation of the
Will, the petitioners are ready ... willing to withdraw the said
Originating Summons now and to submit the scheme for redevelopment
within such time as this Court may direct
Appeal Nos. 163 of 2005 and 164 of 2005 are from Originating Summons Nos. 309 of 2000 and 447 of 2003 respectively. We shall first ... provisions of the Bombay High Court (Original Side) Rules, 1980 relating to the Originating Summons. Rule 238 Page 0113 provides for an application
citations: 122IND. CAS.197
JUDGMENT
Page, J.
1. This is an originating summons by the plaintiff taken out by his mother as next friend ... property move-able and immoveable of the testator. The originating summons is in the following form:
Let the defendants Ashutosh Mukherjee, Sadasiva Mitter and Khitipdra
