Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought of relief clause which is clarificatory only and the same not changing nature of suit - It is a case where relief was not artistically drafted - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Plaintiff filed suit seeking declaration that he is owner in possession of suit land - Receiver appointed u/s.145 Cr.P.C. during pendency of suit and he has consequently taken possession of suit land - By way of amendment of plaint plaintiff sought relief of possession of suit land..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment does not fundamentally change nature of suit - Amendment sought appears to be bona fide and permitting amendment would certainly curtail multiplicity of litigation - Amendment sought is necessary for proper adjudication of controversy between parties - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Contention that proposed amendment would take away right of defendant to raise defence of limitation - Held, interest of defendant for raising plea of limitation can be safeguarded by directing trial Court to consider issue of limitation after allowing amendment...........
Civil Procedure Code, 1908, Section 20, Order 14, Rule 2 -- Territorial jurisdiction - Issue as to - Application to treat issue of territorial jurisdiction as preliminary issue - A specific statement has been made by plaintiff in Para 11 of the plaint coupled with the fact that matter is almost at final stage and plaintiff has to prove jurisdiction as per averments made in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Liberty to file fresh suit - Plaintiffs in their plaint have sought declaration and permanent injunction only - However, plaintiffs now are admittedly not in possession of suit property - Consequently, they have to claim relief of possession of suit property - Held, for granting permission..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Correction of facts - Amendment sought to plead correct facts - Amendment sought at initial stage of suit - Held, amendment should be allowed on payment of cost - Plaintiff-petitioner permitted to make proposed amendment in plaint subject to payment of Rs.10,000/- as cost precedent - Revision allowed...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of the plaint U.O.7.R.10 of the Code, what is to be looked into is the plaint and the averments therein - At the same time, it is also necessary to read the plaint in a meaningful manner to find out the real intention behind the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit when expressly barred for any particular relief the defendants should not be driven to trial in that behalf...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff was ordered to pay ad valorem court fees on the market value of the entire shopping complex - By amendment plaintiff has confined the subject matter of suit to the tenanted shop only - Held, plaintiff has offered to pay ad valorem court fees on the valuation of the said shop - Application for..........
