Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No interim injunction can be granted in respect of property which are not subject matter of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement - Plea of plaintiff is that defendant is entitled to file application for rejection of plaint U.O.7.R.11 CPC before filing his written statement - O.7.R.11 CPC proceedings are independent of the filing of a written statement once a suit has been filed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as a party to the suit unless pleadings and relief claimed therein that a person sought to be impleaded as a party is necessary party and without his presence neither the suit can be proceed nor the relief can be granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Civil Procedure Code, 1908, Order 7, Rule 14 -- Rejection of plaint - Documents filed in support of allegations/averments made in the plaint as basis of suit/plaint, can be considered while deciding application filed either U.O.7.R.11 or filed U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Section 24, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Transfer of suit - Seeking transfer to Commercial Courts - Plea that suit though filed for specific performance but it is a commercial transaction - Record showing that dispute raised by plaintiff is in nature of commercial dispute - Also agreement between parties relating to..........
Civil Procedure Code, 1908, Section 17, General Clauses Act, 1897, Section 13 -- Ambit and scope of S.17 of CPC are : (i) The word `property' occurring in S.17 although has been used in `singular' but by virtue of S.13 of the General Clauses Act it may also be read as `plural', i.e., "properties"; (ii) Expression any portion of the property can be read as portion of one or..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action according to O.2.R.2 is one cause of action - O.2.R.2 CPC requires that every suit shall include whole of the claim on the basis of a cause of action - O.2.R.2 cannot be read in a manner as to permit clubbing of different causes of action in a suit...........
