Civil Procedure Code, 1908, Order 2, Rule 2 -- Additional relief - On basis of notice - Bar of O.2.R.2 of CPC - Original plaint sought for declaration to re-enter suit premises on refund of premium, where as amendment envisages recovery of possession on premises of notice - Since cause of action for original reliefs claimed and relief omitted are different and..........
Civil Procedure Code, 1908, Section 80 -- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can always be waived by the party for..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-maintainability of suit cannot be entertained under the scope of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit and limitation - Can be decided only when parties lead evidence - Perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless - Case does not fall under the ambit of O.7.R.11 CPC on the basis of wanting cause of action..........
Agreement to sell -- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because of some lapses on part of plaintiff - On the contrary,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has taken plea of inadvertence and typing mistake in her application for amendment - Addition of a new paragraph by no stretch of imagination can be said to be a typing mistake - Plea of inadvertence sought to be raised by plaintiff in view of proceeding in title suit also must fail - Moreover,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff has absolute right to withdraw his suit or abandon any part of his claim...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking of parties name - Plaintiff alleged breach of obligation on part of defendant-directors, for failure to protect his invested interest in Mutual Funds - Plaint contained necessary elements of breach of tort of negligence and disclosed cause of action - Directors of company projected as skilled repositories of money..........
