Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Legal plea can and ought to be permitted to be raised at any stage of proceedings particularly when defendants are not prejudice in any manner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No new facts are being sought to be introduced by plaintiffs - Same appears to be by way of elaboration of already existing pleadings in the plaint - Proposed amendment appears to be just and necessary for a fair and complete adjudication of all the disputes raised between parties - It would not cause..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Commercial dispute - Defendants have not produced any document to show that there is any relationship between parties with regard to any business and defendants are using the property exclusively in Trade or Commerce - Plaintiffs on the other hand established that defendant is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of consideration of application U.O.7.R.11 CPC, only averments in the plaint has to be seen...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence beyond pleadings is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
