Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Original petition has to be filed for grant of leave as per scheme of S.92 CPC and it should be supported by sufficient document relied on by plaintiff and a copy of plaint so as to have an assessment regarding issues involved in the suit and to take a decision on the leave application - It is not at..........
Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Production of Shop Books - If plaintiff sues for recovery of amount on basis of an entry in shop book or other account in his possession or power, plaintiff shall produce same at time of filing plaint along with copy of entry and Court below would mar document after comparing and..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Summons pasted on door - There is lapse of not recording evidence of process server - However, in case appellant was keen to show that summons was not accompanied with copy of plaint, then nothing could have stopped appellant from moving application before trial Court to seek direction to cross..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons - Mandatory obligation has been imposed upon plaintiff that plaintiff together with summons u/R.2 shall serve on defendant copy of plaint and annexure thereto and thereafter, defendant may at any time within 10 days of service enter an appearance either in person or by pleader - One defendants have not been served..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after framing of issues - Amendment sought for seeking Will to be declared as null and void - Plaintiff came to know about factum of Will only when it was filed by defendant at the stage of evidence in proceedings under Rent Control Act and thereafter he obtained certified copy and filed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of plaint allowed - Amendment carried out in the original plaint however amendment not carried out in duplicate copy of plaint - It is not be fatal, as this defect is curable and it can be cured within such time as fixed by Court by exercising powers U.O.6.R.18 CPC...........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Extension of time - Fair copy of plaint not filed for a period of 3 years and 7 months - Delay cannot be condoned by invoking S.148 CPC - More so, it is not open to plaintiff to blame his counsel for his own negligence and he has to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
