Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Cause of action is a bundle of facts, and plaintiff must prove to support his case to a judgment - Solitary incident or fact may not be termed a cause of action - Reciprocal obligations and other incidental issues will also constitute a cause of action - Cause of action has no relation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife since beginning always tried her best to lead happy, conjugal life and she has shown her willingness to come in the matrimonial home, which would be evident from pleading as made in plaint - But from the testimony of husband it is evident that from beginning he has avoided his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, only averments contained in plaint are to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
