Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Not barred even by the amended provision of O.6.R.17 CPC, as it now exists...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Inadvertent error - Earnest money mentioned as Rs.2.50 lacs instead of Rs.3.20 lacs - Infact Rs.2.50 lacs was the rate per acre which was wrongly mentioned as earnest money - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Merely for this reason decree cannot be passed - It is only when Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the instance of the plaintiff in view of the deemed admission by the defendant, Court can conveniently pass a judgment and decree - In..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - Suit for declaration with consequential relief of injunction - Defendants have filed cross-objections - Plaintiffs have also filed cross-objections - Matter was thereafter listed four times for arguments - Amendment application has been filed at a very belated stage - Plaintiff has not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - After commencement of trial - Provision of O.6.R.17 CPC prohibits amendment of pleadings after trial has commenced - However, at the same time it permits all such amendment as may be necessary for the purpose of determining the real question in controversy between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Increase in amount of compensation manifold - If the amendment relates to relief of compensation in lieu of or in addition to specific performance where the plaintiff has not abandoned his prayer for specific performance, Court will allow amendment at any stage of the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Factors to be considered - Held, while considering application U.O.7.R.11(d) CPC, Court is required to consider averments in plaint and supporting documents produced along with plaint - However, it cannot be disputed that if on the face of it and even considering the averments made in the plaint, it..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Addition of new prayer on the basis of pleadings already present in plaint - On basis of pleadings which are already available in plaint, a new prayer has been sought to be allowed and that relief is not apparently barred by law of limitation - Moreover, unless said relief is incorporated,..........
