Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal U.O.43.R.1(d) CPC - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act - Not maintainable in the absence of there being any express provision in that regard provided under Rajasthan Motor Vehicle Rules...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act not maintainable - Only remedy available is to invoke supervisory jurisdiction of Court u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Additional issue, if framed, will change the nature of suit - Plaintiff is dominus litis of suit and enjoys a free hand in couching the relief clause in the manner he pleases - Order allowing framing of additional issue, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering application for amendment, Court shall not go into merits of case - Primary object of Court is to see whether amendment is imperative for proper and effective adjudication and whether seeking amendment is bona fide or mala fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend the door number as mentioned in plaint - Proposed amendment is not constitutionally or fundamentally changing the nature or character of suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation and payment of Court fee - Plaintiff valued the suit for declaration at Rs.50 lacs on which fixed Court fees has been paid and for purpose of permanent injunction, plaintiff valued the suit for Rs.1000 and paid Court fees of Rs.120 which cannot be said to be improper at this stage - Moreover,..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Written contract - Invoices/bills are "written contracts" within contemplation of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Property in question was transferred in the name of proposed party by way of forged Will - Later on said property was further sold to one `H' - Both these parties are necessary and affected parties to suit proceedings - Application rightly allowed...........
