Limitation Act, 1963, Section 3, Article 58, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for perpetual injunction - Amendment of plaint allowed seeking relief of declaration - Where relief sought is not new but is based on facts and allegations already stated, question of applying limitation does not arise...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Petition by husband for dissolution of marriage on ground of mental cruelty and desertion - Petitioner pleaded that he was not given conjugal happiness expected to be given by a wife - Such vague allegation can be permitted to be clarified by adding that there was failure or inability on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment seeking an ancillary or a consequential relief i.e. in the event of the decree for possession is passed, the same may be passed with a direction to remove the construction/malba raised in the property in dispute - If the plaintiff is granted a decree for possession and injunction then..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - Amendment as such will not be allowed - However, if the facts are the same, an alternative relief flows from the same, the Court can in the interest of justice and totality of facts may or may not allow the amendment...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 1 -- A written statement of a sharer in a partition suit is deemed as a plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that plaintiff is tenant under defendant over suit land - Amendment to incorporate that the tenancy in respect of the suit land was executed in writing through Patta - Amendment merely seeks to clarify the nature of the tenancy and how the same was executed - Order of lower Court..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading & proof - Suit for possession on basis of sale deed - Defendant's plea that property was infact mortgaged and plaintiff, a lawyer played fraud upon illiterate owner of property - Details of fraud played by plaintiff stated in written statement - Concurrent finding of lower Courts that in fact owner of property..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 7, Rule 11 -- Preliminary objection - In all cases of preliminary objection, the test is to see whether any of the reliefs prayed for could be granted to the appellant if the averments made in the petition are proved to be true - For the purpose of considering a preliminary objection, the..........
Civil Procedure Code, 1908, Order 6, Rule 16(a) -- `Necessary' - Meaning - So long a fact is a relevant fact under any provision of the Evidence Act, it cannot be regarded as `unnecessary' for the purposes of clause (a) of Rule 16 of Order 6 CPC even though, such fact may not be the fact in issue...........
Civil Procedure Code, 1908, Order 6, Rule 16(b), (C) -- Pleadings contained in the plaint cannot be said to be calculated to prejudice, embarass or delay the fair trial of the suit and cannot also be called scandalous, frivolous or vexatious at this stage when the parties have not produced any evidence at all and the issues are yet to be framed - Application U.O.6.R.16..........
