Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff permitted to file an application for amendment to bring on record certain pleadings which was already there in main plaint - Only by way of further elaboration or explanation, if some paragraphs have been permitted to be made in plaint, no error can be said to have been committed by trial Court..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Late production of document - Reference of document sought to be produced has been made in pleadings - Document permitted to be taken on record subject to payment of Rs.25,000/- as costs - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For purpose of deciding application U.O.7.R.11 CPC pleadings of plaint and documents referred thereunder are germane - Any other objection or document produced by defendants which is not reflected in pleadings or documents appended with plaint is not relevant at this stage...........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question whether suit is barred is a mixed question of law and fact which requires appreciation of evidence in support of pleadings on record - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Merely putting blame on the earlier counsel in pleading of facts is not sufficient and cannot be accepted as a ground for seeking amendment of pleadings at the stage after commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 1, 7 -- Pleadings - Relief not claimed in pleadings should not be granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Sketchy pleadings supported by doubtful evidence - Consumer Forum not to allow the complaint...........
