Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Leave to amend will be refused if it introduces a totally different, new and inconsistent case or challenges the fundamental character of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - `Due diligence' - It determines the scope of a party's constructive knowledge, claim and is very critical to the outcome of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - `Typographical error' - Term includes errors due to mechanical failure or slips of the hand or finger, but usually excludes errors of ignorance...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9 -- Failure to file written statement or when defendant is proceeded ex parte - There is not to be an automatic decree - Court is duty bound to diligently ensure that plaint stands proved and the prayers therein are worthy of being granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought in second appeal - Plea of negligence of counsel - Said plea cannot be accepted on the face of record - Moreover, plaintiff was very well conscious about his admission made in his original pleadings - Amendment cannot be allowed at this belated stage on the ground that their counsel was negligent..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction filed - Permission sought to withdraw suit with liberty to file suit for specific performance - Court in its order allowed withdrawal of suit without granting liberty to institute suit for specific..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plaint is not required to disclose any cause of action against subsequent purchaser and plaint cannot be rejected on this ground...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought on the ground that suit is not maintainable - Application filed belatedly after conclusion of evidence of plaintiff - Defendant failed to point out any bar contained under any Statute against filing of suit with regard to the relief claimed by plaintiff - Maintainability of suit be decided after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession after evicting defendant - Amendment sought in regard to extent and measurements of plaint schedule property - No prejudice is caused to defendant tenant as claim of tenancy is not in respect of entire extent - Amendment sought is imperative for proper and effective adjudication of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, one has to look at plaint and decide whether it deserves to be rejected for ground raised...........
