Civil Procedure Code, 1908, Order 9, Rule 9 -- Maintainability of suit - Suit not barred on the simple reading of plaint averments - If for deciding maintainability of suit, written statement or evidence is to be considered, then it is appropriate to frame an issue regarding suit being so barred and permit parties to adduce evidence on the issue instead of rejecting the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Second suit - Dismissal of first suit for want of prosecution - Second suit with a different relief based upon a separate cause of action is not barred U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Second suit - Dismissal of first suit for want of prosecution - `Same cause of action' plays a vital role for deciding as to whether any suit is barred - Second suit is only barred if its cause of action is the same as in the earlier suit which had been dismissed for want of prosecution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pre-trial amendments be allowed liberally than those which are sought after commencement of trial - In instant case, trial of suit had already commenced - Proposed amendment could not be said to be not in the knowledge of defendant - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Section 34 -- Interest - Money suit - Interest agreed to be paid @ 2% per month - Suit decreed with interest payable @ 2% p.m. - Held, award of interest @ 2% p.m. is exorbitant interest - Interested reduced to 9% p.a...........
Civil Procedure Code, 1908, Order 12, Rule 6, Dissolution of Muslim Marriages Act, 1939, Section 4 -- Judgment on admission - Dissolution of marriage - Wife apostatizing from Islam - Plea of demurrer - Unambiguous admission as to factum of reconversion - Mechanical and bald denial could not be considered as valid denials as required U.O.8.R.5 CPC - Suit decreed by trial..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - No one ought to be vexed twice for the same cause - If different reliefs and claims arise out of same cause of action then plaintiff must place all his claims before Court in one suit and cannot omit one of the reliefs or claims except without leave of Court - O.2.R.2 bars a plaintiff from omitting one..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Bar of O.2.R.2 CPC must be specifically pleaded by defendant in suit and trial court should specifically frame a specific issue in that regard wherein the pleading in earlier suit must be examined and plaintiff is given an opportunity to demonstrate that the cause of action in subsequent suit is..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Filling of suit by Receiver - When authority has been given to Receiver to preserve the estate, it empowers the Receiver to institute the suit for preserving the estate - As regards failure to obtain leave of Court, held, obtaining leave of Court before filing suit cannot be fatal and same can be cured in law and is merely an..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Filling of suit by Receiver - Validity - Held, when authority has been given to Receiver to preserve estate, he has a right to institute suit for preserving same...........
