Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition on ground of bonafide necessity - Amendment of written statement sought to add that plaintiff agreed to sell his property and received Rs.5, 000/- as earnest money and that plaintiff also agreed to sell his another property and received Rs.11, 000/- as part payment - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 29, Rule 1 -- Recovery suit by Bank - Person signing plaint not having authority to institute suit - Procedural irregularity is curable - Held, a substantive right should not be allowed to be defeated on account of a procedural irregularity which is curable...........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 29, Rule 1 -- Recovery suit by Bank - Person signing plaint not having authority to institute suit - Procedural irregularity is curable - Held, a substantive right should not be allowed to be defeated on account of a procedural irregularity which is curable...........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 29, Rule 1 -- Recovery suit by Bank-Person signing plaint not having authority to institute suit - Procedural irregularity is curable - Held, a substantive right should not be allowed to be defeated on account of a procedural irregularity which is curable...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Pleadings which are required to be made in the plaint must be pleaded in the plaint itself and not in the replication - Pleadings in the replication cannot be pressed into service for filling the gaps which have been left in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Title of one `I' denied - Amendment of written statement sought pleading gift by `I'-When earlier title of `I' is denied the plea of gift by him cannot be allowed to be set up by way of amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Title of one `I' denied - Amendment of written statement sought pleading gift by T - When earlier title of T is denied the plea of gift by him cannot be allowed to be set up by way of amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - No pleading that the defendant was de facto trustee - Court cannot make out a new case of its own beyond the pleadings of the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for injunction - Amendment of plaint seeking relief of damages in lieu of or in addition to injunction - Such alternative relief not specifically claimed, can be permitted to be claimed at any stage of proceedings - Bar of limitation not attracted - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief - Pleadings regarding relief claimed must be precise - If claim is for interest applicable to commercial transactions, same must be specified citing grounds for claim - Where relief of interest claimed is mentioned only as `interest' Court can grant interest at only normal..........
