Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - If pleadings are already there in the plaint then merely adding relief in the plaint by way of amendment - Not barred by proviso to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Amendment of paint sought to incorporate relief of declaration - As declaration is already involved in the suit of permanent prohibitory injunction, hence, merely adding relief of declaration declaring the transaction in question void, does not amount to change the nature of suit and..........
Jammu and Kashmir Civil Procedure Code, 1977, Section 9 -- Jurisdiction of civil Court - Injunction suit filed on 16.02.2009 - Dispute involved in suit is not falling within the ambit of J&K Agrarian Reforms Act, 1976 - Held, only those cases were to be transferred to Collector which were pending when the Act came into force and where disputes fall within the ambit of the..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 2, Rule 2 -- Amendment of plaint - Permissibility - Suit for permanent injunction to put restraint on defendant from alienating suit land in face of agreement to sell allegedly executed by defendant in favour of plaintiff - Plaintiff by way of proposed amendment, sought to seek relief..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Rejection of plaint not disclosing any cause of action - A subsequent suit on the same cause of action is not barred - In case of rejection of plaint U.O.7.R.11 CPC which is appealable being a decree in terms of S.2(2) of CPC, the aggrieved party has two options, either to challenge the said order by way of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At second appellate stage - Amendment of plaint was sought twice earlier in the trial Court which were allowed - Not stated in the application what prevented from taking the pleas which are intended to be taken by way of amendment in second appeal earlier either in the lower appellate court or in the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - When barred by any law - Statement in the plaint to be accepted on its face in arriving at a determination as to whether the suit is barred by any law - No amount of evidence can be let in for such determination...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Money suit filed against transport companies - Only Managers and Branch Managers impleaded as defendants leaving establishments - Amendment sought after three years from filing the suit to implead transport companies as co-defendants - Held, claim is barred by time - However, trial Court allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso -- Amendment of plaint - Plaintiffs sought for amendment relating to construction of a building over suit land on assertion that said construction was made during pendency of suit which plaintiff came to know just before a week - It was also stated that name of village and police station where suit property is..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Claim of relief of specific performance in the garb of mandatory injunction - Court can ask plaintiff to pay Court fee on the relief of specific performance on non payment of which plaint can be rejected - Plaint cannot be starighaway rejected merely because specific performance is sought in the garb..........
