Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Held, trial in a civil suit commences from the date of filing of affidavits in lieu of the examination in chief of the witnesses and the proviso to O.6.R.17 of the Code will come into play only after stage of filing of affidavits in lieu of examination in chief of witnesses...........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 11 -- Rejection of plaint - Plea of jurisdiction - Clause in invoice that Courts in Delhi would have jurisdiction - Objection to clause of jurisdiction in invoice not raised at any time before filing of the suit - Held, it cannot be said at this stage that parties did not confer jurisdiction by their agreement on..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Agreement to supply goods made at Delhi - Goods supplied from plaintiff's godown situated at Delhi - Defendant accepted the terms and conditions printed on the bills/invoices that Court at Delhi shall have jurisdiction - Held, by virtue of S.20(c) CPC Court at Delhi has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For decision of the application Court has to assume that the averments made in the plaint are true and correct and on that basis, the application has to be decided...........
Civil Procedure Code, 1908, Order 30, Partnership Act, 1932, Section 4 -- Suit by partnership firm - Plaintiff placed reliance upon Authority Letter signed by all the partners of the firm - Said authority verified in original by Notary Public - Plea that plaint has not been filed by the authorised person - Held, no substance in the plea...........
Civil Procedure Code, 1908, Order 30, Rule 1, Contract Act, 1872, Section 54, Partnership Act, 1932, Section 69(2) -- Partnership firm - Suit filed by partner of the firm - In paragraph 1 of the plaint it was averred that plaintiff firm is partnership concern and same is registered with Registrar of Firms and Societies' - Held, averment in plaint reveals that suit has in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(5) -- Plaint - Amendment - Suit for specific performance - Amendment of plaint sought to claim alternative relief of refund of sale consideration paid in advance - Amendment of plaint to seek alternative relief can be allowed at any stage of the proceedings to which provisions of Limitation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Test for rejection of plaint is to assume of the averments in the plaint to be correct and to see whether the suit has valid cause of action and whether it is within time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit on the apprehension that defendant is attempting to transfer the property to some other person in breach of agreement - Held, it constitutes a valid cause of action - Suit cannot be thrown out at the threshold U.O.7.R.11 CPC...........
