Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court is not bound to reject an application for amendment if a fresh suit on the amended claim would be barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bar of limitation - Merely because a dispute is raised that claim sought to be made by way of amendment is barred by limitation, application for amendment cannot be rejected - Court has to frame an issue on that point of bar of limitation & than decide it in the main suit...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative plea - Plea of license and tenancy can be taken together by plaintiff for grant of relief in a suit for possession...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief in the alternative on the basis of pleading raised in written statement, though by way of defence to the case of plaintiff - If the facts stated and pleading raised in the written statement, though by way of defence to the case of the plaintiff, are such which could have entitled the plaintiff to a relief in the..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Denovo trial - When plaint is returned for want of jurisdiction and when it is presented before proper court, proceedings be taken afresh and it cannot be treated as continuation of the suit filed in wrong court - Delay in raising an objection by defendant in this regard and seeking fresh trial is not a..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable only when two suits are pending for the same relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in order to ensure..........
Civil Procedure Code, 1908, Section 148A -- Caveat - A caveat is merely an advance intimation by the defendant communicated to the prospective plaintiff and registered in the court, where defendant expects the suit to be filed - A caveat is merely an anticipatory application to ensure that no ex parte interim order is granted to such prospective plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant cannot be impleaded as a party to the suit when no relief is claimed against applicant - Applicant is thus neither a necessary party nor a proper party...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Even in a case where there is a violation of an injunction order in a suit as opposed to a situation where only a threat of violation of exists, order of police protection may be granted if the rights of parties are determined either finally in the suit or, at least..........
