Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff was ordered to pay ad valorem court fees on the market value of the entire shopping complex - By amendment plaintiff has confined the subject matter of suit to the tenanted shop only - Held, plaintiff has offered to pay ad valorem court fees on the valuation of the said shop - Application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - Validity - Amendment sought to be made by plaintiff in suit to the effect that earlier he had approached High Court by filing writ petition claiming same relief and its withdrawal was not mentioned in suit filed which otherwise required to be mentioned - It is not borne out..........
Civil Procedure Code, 1908, Order 43, Rule 1A - - Order allowing amendment of plaint - Revision petition filed by tenant assailing order of amendment passed by learned Appellate Authority was declined by this Court and that matter became final as it was not further challenged before Apex Court - Held, same order cannot be re-agitated before this Court in present case as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Unauthorized absence from duty - Departmental enquiry - Penalty imposed - Appeal filed by plaintiff dismissed - Penalty order challenged by way of filing civil suit - Application for amendment seeking to challenge order passed in appeal filed after more than three and a half years of filing of the suit -..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Constitution of India, 1950, Article 226 and 227 - Revisional jurisdiction - Amendment of plaint - Application for - Dismissal of application after recording reasons held to be an interim order - It will not dispose of the matter hence revision u/S.115 CPC not maintainable - Petition under Articles 226 and 227 of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months - Plaintiff kept quite for seven..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 and ,S. 115 - Revision - Amendment of plaint - Application for - Rejection of on the ground that if the suit was filed on the date of seeking amendment the same would be time barred - If the impugned order is set aside it would not result into disposal of the suit - Revision petition held not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Suit for permanent injunction - During pendency of suit defendant raised certain construction over the suit property - To avoid the multiplicity of suits amendment sought which cannot be said to be either improper or incorrect - Held, as interlocutory order neither..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- (As amended) - Plaint - Amendment - Allowed - Revision against - Order permitting amendment of plaint to take stand that business in question is business of Hindu Undivided Family instead of business of partnership as originally pleaded - Held, revision does not lie against such order, as even if amendment had..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Revision against order allowing amendment of plaint - Petition is maintainable - Contention that such order is not an order having effect of deciding any case and therefore revision is not maintainable, not tenable...........
