Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the ends of justice and is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - Civil suit for eviction barred by law in view of S.18 of Rent Control Act - Plaint rejected...........
Civil Procedure Code, 1908, Section 151, Order 32, Rule 15 -- Person of unsound mind - Enquiry as to unsoundness of mind was not done - Impugned order of allowing application of appointing next friend of plaintiff without holding any inquiry, held, vitiated and set aside - Matter remanded to Trial Court for consideration afresh...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - In absence of challenge to findings recorded by trial Court, appellate Court could not have reversed it by taking recourse of provisions of O.41.R.33 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Apparently directed against defendants - Counter claim can be very well pursued as an independent proceeding at the instance of petitioner - Order as to exclusion of counter claim, upheld...........
Civil Procedure Code, 1908, Section 151, 152, Order 22, Rule 3 -- Correction of decree - Decree passed in favour of a dead person - Plaintiff died during pendency of suit - Application filed to implead his L.R's - Decree passed without deciding application to impleaded L.R's of deceased plaintiff - Correction of decree - Since the application to implead L.R's of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Mere bald statement that there may be other heirs without disclosing the names thereof, does not ipso facto attract provisions U.O.22.R.5 CPC...........
