Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue to be considered is not as to whether plaintiff has cause of action to file the suit, but as to whether plaint discloses cause of action...........
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, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Res judicata - Relief when not legally available in previous suit, as it could not have been claimed, such relief can be claimed in subsequent suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction against no, party to suit can be granted u/s 151 CPC - But same does not imply that it is to be granted at mere asking...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non appearance is false - Order..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Power to add a party to a proceeding cannot depend solely on question whether he has interest in suit property - Question is whether the right of a person may be affected if he is not added as a party - Such right, however will include necessarily an enforceable legal right. (Para 14)
Cases..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment - Court not to examine merits of amendment or to consider the strength or weakness of the case of applicant - However, Court can examine the proposed amendment to ascertain whether nature and character of suit is sought to be changed by the proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief of declaration sought to be substituted by relief of specific performance of an oral agreement to sell - There is a clear contradiction in the original case set up and the proposed case now being sought to be set up - Proposed amendment cannot be allowed as it changes the very nature and character..........
