Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Defendant has right to file amended written statement to the amended plaint, as otherwise it would prejudice the defendant, which would not be in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - While deciding applications for amendments, Courts must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide, worthless and dishonest amendments - No infirmity in impugned order of allowing application for amendment of plaint -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and permanent injunction - Amendment sought was within knowledge of plaintiff even prior to filing of suit - Amendment if allowed would materially change nature of suit - Amendment rightly, rejected...........
Civil Procedure Code, 1908, Section 80 -- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of plaint on ground of no, compliance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After conclusion of plaintiff's evidence - Suit for declaration - Amendment sought for elaboration of facts and description of suit property - Defining property in terms of its number would not change nature of suit, nor suit property would be changed by any necessary implication - Furthermore,..........
Practice and procedure -- While deciding any litigation, Court has to consider entire case in its proper perspective, including pleadings, points urged, reliefs claimed, everything - Court is never expected to be guided by mere `nomenclature' or `label' of plaint...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return the plaint to..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - When leave is granted to institute a Suit and urgency is determined, Court only hears plaintiff - However, after grant of leave, whether urgent and immediate relief is to be granted or not, is a question which is decided after hearing both the sides - Therefore, only..........
