Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint not available by a bare reading of plaint - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - Continuation of trial of suit when suit is barred by law and as plaint would not reveal any cause of action against defendant which is nothing but wasting the precious time of Court and all persons involved in trial - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When any concurrent finding of fact is assailed in second appeal, appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or based on misreading of material documentary evidence or it was recorded against any provision of law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or rejecting prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court ought to have allowed the application without calling for any proof of same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It was mandatory on the part of Court to allow all amendments which are necessary for the purpose of determining real controversy between parties - Court is not obligated to go into correctness or falsity of case of either side at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Case is only at the stage of pleadings - Amendment sought would not introduce a new cause of action - Amendment of a written statement need to be considered liberally than amendment of plaint - Amendment application allowed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement and matter has been fixed for plaintiff's evidence and defendants cross-examined all the witnesses on several dates - Defence of plaintiff has already been disclosed by way of leading evidence and witnesses have already been..........
