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, Section 92 -- Leave to file suit u/s 92 CPC - Petition u/s 92 CPC should contain all pleadings in the plaint with reliefs sought and materials relied on - It mandates an exact replica of plaint in addition to cause title - Leave granted in an interlocutory application supported by an affidavit is bad in law and does not satisfy the requirement..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought to correct Khasra no. of suit property - Patwari wrongly supplied incorrect Khasra no. to plaintiff - Said explanation is absolutely plausible, as plaintiff has nothing to achieve by mentioning wrong khasra no. - Case is fixed for plaintiffs evidence - Amendment..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in adjudicating the issue..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come under the purview of O.8.R.6-C..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out the existence of prima facie..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file afresh suit - Partition suit - One of property left out - Left out property came to knowledge of plaintiff after filing of suit - Suit for partial partition will fail - Liberty granted to institute fresh suit on same cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Pleadings can be struck off in three situations : (a) when pleadings are considered as unnecessary or scandalous or frivolous or vexatious (b) if Court feels that pleadings may tend to prejudice or delay the fair trial of suit or (c) if the pleadings are otherwise an abuse of the process of Court...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Plea that suit is not maintainable in view of some provisions of law - Rival contentions of parties have to be established by producing oral and documentary evidence - Application rejected...........
