Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can reject plaint at any stage of proceeding if it finds that conditions U.O.7.R.11 CPC exist...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action vague and incomplete - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is not competent for the Court to go into the correctness or otherwise of the allegations constituting the cause of action and the same is beyond the scope of O.7.R.11 CPC - What is required to be disclosed by the plaintiff is a clear right to sue and failure to do so must necessarily entail in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ground for rejection of plaint is failure to disclose a cause of action and not that there is no cause of action for the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court is not required to take into consideration the defence set up by defendant in the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Prima facie plaintiffs have shown that there is a cause of action for filing suit - Case of defendants does not fall within the grounds enumerated in O.7.R.11 CPC - Application rightly rejected...........
