Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for damages - Malicious prosecution - Cause of action accrues after decision of civil suit - Present suit filed within a period of one year from decision of earlier suit is not barred by time - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Second application - Maintainability - Subsequent application seeking leave to deliver interrogatories was filed on a changed cause of action - It cannot be said that plaintiff is barred from making a second application on a subsequent cause of action...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Law as to : (i) Interrogatories have to be confined to facts relevant to matters in question in suit - A Court of law will not allow a party to go on a fishing expedition or embark on a roving inquiry in the garb of interrogatories; (ii) Court cannot allow a party to ask questions in interrogatories which..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaintiff is claiming his right in suit properties, which are alienated in years 1972 and 1975 - He attained majority in the year 1978 and was aware about aforesaid transactions in exclusion of his alleged right - However, plaintiff has no explanation for 43 years delay to assail..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment, merits of amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought only to correct typographical mistake in mentioning of khasra number - Said amendment is necessarily required to be allowed - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
