Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to add a prayer for possession - Held, amendment would only help to achieve object of S.22 of Specific Relief Act, 1963 - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rejection of - Validity - Neither the prayer for amendment changes the nature of suit nor the prayer in suit, except for addition of two plots that also against same defendant itself - No prejudice can be caused to defendant since trial is yet to commence - Held, by allowing amendment petition it will..........
Civil Procedure Code, 1908, Section 35A -- Costs - Vexatious application for rejection of plaint on the ground that suit is barred by law of limitation - Exemplary costs of Rs.10, 000/- imposed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment allowed by Appellate Court subject to payment of costs - Costs accepted - A party who accepts costs awarded in a conditional order is precluded from attacking any portion of the order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application filed after 28 years of filing of the suit - Held, defendant is not at liberty to apply for rejection of plaint at his leisure and after inordinate delay - Provision of O.7.R.11 CPC cannot be used as weapon to delay the proceedings of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected only and only on the basis of averments made in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction against the grant of retiral benefits to the defendant - Amendment sought seeking declaration that plaintiffs alone are entitled to be treated as legal heirs of deceased and all assets shall be given to them - Basis of amendment was denial of status of first defendant as the widow of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court should be liberal in the matter of allowing amendment unless serious injustice or irreparable loss is caused to the other side - Courts exist to decide the rights of the parties and not to punish them for the mistakes they make in the conduct of their cases...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Where pleadings are defective, amendment would be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendments to plead material facts left by oversight and which does not cause prejudice to other side would be allowed...........
