Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit otherwise than on grounds of pecuniary and territorial jurisdiction - Can be gone into only in suit after registering plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Suit hit by S.4 of Benami Transactions (Prohibition) Act - Suit not maintainable - Suit dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 35, Rule 5 -- Rejection of plaint - Interpleader suit by tenant - It was still to be decided as to who is the real landlord - Trial Court directed plaintiff to deposit rent in Court and the same was directed to be released to the rightful claimant after determination of the issue of entitlement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after commencement of trial - All the alleged facts sought to be pleaded by amendment were already in the knowledge of plaintiff - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 7, Rule 11, Madhya Pradesh Co-operative Societies Act, 1960, Section 94 - - Rejection of plaint - Validity - Suit for declaration and perpetual injunction against co-operative society - No notice issued before 2 months from date of filing suit by plaintiff - Held, rejection of plaint proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is based on the same set of facts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff was earlier not in possession of documents which were with her late husband - When documents were traced out the same necessitating amendment of plaint - Application for amendment of plaint was moved without any delay and before commencement of trial - Defendant has been duly compensated with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - (a) Ordinarily all amendments ought to be allowed, which are essential to determine the real controversy in the suit, notwithstanding the fact that there is negligence, omission on the part of a particular party applying for amendment in regard to the inordinate or long delay that has occurred..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after commencement of trial of suit - No averment to show any due diligence on part of petitioner in filing such application belatedly - Application liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - There was already a plea that respondents had encroached into the property of petitioner - Site plan sought to be produced with regard to illegal extension consistent with plea in original plaint - Held, petitioners can rely upon the said document...........
