Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed - Cost imposed - Non payment of cost within time - Held, amendment was not allowed subject to payment of cost - Cost was imposed upon the amendment being allowed - If cost was not paid, it is open to the other party to recover same in accordance with law but non payment of cost will not affect the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - There is no need to issue summons to defendant when Court after going through the plaint finds that it has no jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is duty of Court to reject plaint if plaint does not disclose a cause of action or if it is beyond the jurisdiction of the Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact already pleaded - Documents in proof thereof - Need not to be incorporated in the plaint by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 5 -- Plaint - Amendment - Incorporation of an issue in the plaint - Held, plaint does not require to be amended by incorporating an issue between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Consist of plaint and written statement - Replication if allowed by Court becomes part of pleadings...........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - Service of - Service of summons without being accompanied by a copy of plaint - No service of summons as required by O.5.R.2 CPC...........
Civil Procedure Code, 1908, Order 5, Rule 2, 9 -- Summons - Service of summons - Envelope not containing copy of plaint - Trial Court itself opened the envelope which did not contain the copy of the plaint or the summons and infact a blank envelope was sent - Does not amount to service of summons...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit instituted by a wrong person - Suit cannot be said to be barred by any law - Plaint when instituted by a wrong person it cannot be said that suit is barred by any law or the Court is prevented from taking cognizance of such a suit - Defect in such a case can be cured U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint and impleadment of a party - Non mention of O.1.R.10 in the application - Still application has to be treated as composite application U.O.6.R.17 & O.1.R.10 CPC - Non mention of provision of law does not make the application defective or fatal to the decision of the said application...........
