Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, there should be meaningful reading of plaint as a whole...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at the instance of defendant transposed as plaintiff - None other than the author has right to seek leave to amend original pleadings, no matter it was not objected to by original plaintiffs - However, such party can pursue contentions in written statement in support of suit claim treating as part of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit cannot be brought to an end merely because interest of a party in subject matter of suit has devolved upon another during its pendency...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund for advance - Relief of refund of advance is alternative relief which can be sought at any stage of suit and even after disposal of suit and at the time of execution - There is no question of relief being barred by limitation - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment in the nature of adding prayer of declaration qua compromise decree is not maintainable being barred U.O.23.R.3-A CPC - Amendment application dismissed...........
