Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Want of compliance with the mandatory provision of S.109 of Rajasthan Panchayati Raj Act, 1994 - Dismissal of suit, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Should not be refused on technical grounds - Court can allow an application for amendment of plaint even where relief sought by amendment is barred by limitation - Such discretion has to be exercised on judicial evaluation - Amendment which specially serves to the cause of justice and avoidance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Basic structure of suit not altered by the proposed amendment - It is only the nature of relief which is sought to be changed - Plaintiff would be entitled to file independent suit in respect of the proposed amendment - Allowing amendment would certainly curtail the multiplicity of the legal proceedings -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Succession Act, 1925, Section 216, 273 -- Grant of letters of administration - Defective suit - Rectification - Letters of Administration granted to "S" as constituted attorney of "A" - "A" was the named executor in last will and testament of deceased - Eviction suit filed by "A' held defective as filed by wrong person - Held,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the documents could only be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Breach of contract - Only remedy is to claim damages - Suit for declaration and mandatory injunction is not maintainable - Rejection of plaint calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no application for amendment shall be..........
Civil Procedure Code, 1908, Order 6, Rule 10 -- Malice or fraud - Plea of - Wherever a plea of malice, fraud or other similar plea is raised, full particulars thereof must be stated in the plaint itself - This is an exception to the general rule that only the broad facts, but not the details or evidence must be stated in the pleadings...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Suit for specific performance - Agreement executed by power of attorney holder - Neither power of attorney filed alongwith plaint nor explained in whose possession it is, nor certified copy of the same produced - Amounts to non compliance of O.7.R.14(2) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise power U.O.7.R.11 CPC at any stage of the suit either before registering plaint or after issuance of summons to defendants or at any time before conclusion of trial...........
