Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Applicant claiming to be in possession of the suit property - Held, the decree, if any, passed in the suit will be binding against the defendants only and not against the applicant - Plaintiff cannot be forced to implead a party whom he does not want a party in the suit,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek relief of possession with mesne profits - Amendment will change the nature of pleadings as well as course of action - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed - Court not to pass decree blindly on the averments made in the plaint merely because the written statement has not been filed - Decree passed U.O.8.R.10 CPC set aside as it failed to meet the parameters as Court has not examined as to whether suit was filed within limitation and whether on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when suit was fixed for arguments - Complete absence of averment of due diligence in the application - Proposed amendment not necessary for adjudication of the real controversy between the parties - Held, application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after conclusion of arguments - Held, amendment sought was utterly frivolous, extremely belated and designed only and only to delay the proceedings of the suit - Rejection of application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Validity - Rejection of plaint sought on ground that plaintiff had no cause of action - Claim by plaintiff based on family settlement - Family settlement being part of plaint clearly show that defendant was to discharge liabilities of Foundary - Allegation in plaint that defendant did not do so - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative relief complexion of suit shall be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Description of suit property sought to be changed by changing the number which has been incorrectly mentioned in the suit - Documents on record wherein the property is described - Amendment sought does not amount to introducing a totally new property - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is duty of Court to return finding on application filed U.O.7.R.11 - Court is also duty bound to ascertain whether suit is maintainable in law when same filed before it - Civil Court cannot mechanically issue notices and orders on presentation of plaint - Power given U.O.7.R.11 CPC can be exercised by..........
