Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Averments on the basis of which amendment is sought not to be gone into at the time of considering application for amendment of pleadings - Such averments can be put to test only in the trial - The only question that is relevant at the time of considering the application for amendment is whether such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Validity - Earlier plaintiff was claiming adverse possession regarding disputed property against respondents Nos. 2 to 4 - Now he is claiming adverse possession against respondent No. 1 with a specific prayer to restrain respondents No. 2 to 4 from interfering in possession over suit property, for which,..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Stand taken by plaintiffs since the beginning was that they are entitled for refund of sale consideration plus interest alongwith other expenditures incurred by them - Revisional Court proceeded on assumption that amendment sought is ipso facto barred by law of limitation and amounts to introduction of..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - No conclusive material on record to indicate that plaint and other documents were served upon plaintiff - Trial Court refused to extend time for filing written statement - Challenge thereto - Held, impugned order quashed and set aside - Written statement allowed to be filed - Costs of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - After commencement of trial, amendment of plaint can only be allowed when Court comes to conclusion that in spite of due diligence, party could not have raised the matter before the commencement of trial - Trial is deemed to have commenced when issues are settled and the case is set down for recording of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Non mention of exact extent of plaint schedule property inadvertently - Amendment if allowed will not cause any prejudice to the defendant and there will be no change in nature of suit as well as cause of action - Denial of such amendment will go to the very root of the matter - Amendment allowed to..........
Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 2 -- Counter claim - By plaintiff in answer to the counter claim of defendant - Cause of action for the counter claim of plaintiff arose after the filing of the suit which is different from cause of action pleaded in plaint - Held, counter claim of plaintiff not hit by O.2.R.2 CPC...........
