Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Description of property - Amendment sought at the stage of arguments when opposite party pointed out the mistake in the suit schedule property - Affidavit of Advocate that it was typographical mistake - No reason to disbelieve the affidavit of Advocate - Amendment sought bona fide and justified -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days of dismissal of suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Case at initial stage - Amendment not allowed as it will change nature of suit and entire claim of plaintiff will change...........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Extension of time - Suit for specific performance - Failure to deposit decretal amount within stipulated time - There is no condition attached with decree that in case amount is not deposited within stipulated time, decree passed would become inoperative and suit shall be deemed to be..........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Claim of benefit of S.14 Limitation Act - Plaintiff has to admit that his suit is time barred...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 6 -- Application U.O.7.R.6 read with S.151 CPC that suit is not filed within limitation - Application kept pending for decision after both parties conclude their evidence as controversy regarding limitation cannot be decided without evidence as questions of facts are also involved to decide the application - Order..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit based on different cause of action - Held, decision in earlier suit does not operate as res judicata in the later suit...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Material facts are required to be pleaded on which party pleading relies for his claim - Averments made in plaint and relief sought are relevant for considering valuation of suit - Prayer clause cannot be read in isolation but has to be understood in the context of pleadings made in that regard...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory injunction - Moreover, Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court not to pick out submissions in plaint in isolation but has to conduct a meaningful reading of plaint - If Court concludes that suit claims are barred by law, it has no option but to reject plaint...........
