Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Res judicata is not mentioned as a ground for rejection of plaint - Once res judicata is not included as a ground in O.7.R.11 CPC it cannot be added nor can the relief under the provision be extended through implication...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Held, in order to avoid multiplicity of litigation, it is always better to allow amendment of pleadings so long as such amendment does not alter nature or character of suit or introduce any new cause of action between parties - Even if such amendment is sought to be introduced at a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Imposition of cost - Court below found that amendment sought to be introduced does not alter nature and character of suit - Amendment application filed belatedly - Court below considered all facts and circumstances and allowed application subject to payment of cost of Rs.2,500/- - Held, while allowing..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds enumerated in the provision are not exhaustive - Plaint can be rejected on other grounds also such as plaint when not signed by plaintiff or the person authorised by him or when it does not disclose a clear right to sue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to look upon only the plaint allegations and documents, if any, filed alongwith the plaint and not the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2 -- Plaint - Amendment - Reincorporation of relief which was earlier got deleted by amendment of plaint - There is no absolute prohibition - Plaintiff could be saddled with heavy costs - Amendment allowed subject to payment of Rs.25,000/-..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Plaintiff admitted to have obtained knowledge of sale deed in the year 1993 - Suit filed after a lapse of 9 years in the year 2002 - Suit should have been filed within three years - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Court can exercise power U.O.7.R.11 CPC at any stage of the suit - Statement in plaint, without addition or subtraction must show that it is barred by any law to attract application of O.7.R.11 CPC...........
