Civil Procedure Code, 1908, Order 9, Rule 9 -- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Earlier suit dismissed in default - O.23.R.1(4) CPC has no application to suit dismissed in default as it is governed by provisions of O.9 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Objection as to no, joinder and mis-joinder of parties - Ought to be taken immediately and it cannot be brought at any time, for, suit itself cannot be defeated by reason of such mis-joinder...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment regarding an earlier agreement in favour of plaintiff's wife - Non-reference to earlier agreement in the name of plaintiff's wife has no material value and would not cause any prejudice to defendant - Amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so, amendments sought run contrary to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in making application is not a sole ground for refusal of amendment - Court at this stage cannot go into truth and falsity and maintainability of suit - Merits and demerits of case are not to be examined at the stage of deciding amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant - Reference was also made to..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Unconditional withdrawal of suit without taking permission of Court - Plaintiff is debarred from instituting fresh suit in respect of the same subject matter - Merely by adding sons of defendant, bar of O.23.R.1(4) CPC cannot be avoided...........
