Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Based on fresh cause of action - Law does not prohibit amendment of pleadings based on a fresh cause of action - Indeed permitting such amendment avoids multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Material in support of amendment sought is not required to be produced at the stage of seeking amendment of pleadings...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Application to sue as indigent person - Death of applicant - Held, right to sue as an indigent person is a personal right available to person who applied for permission to sue - Legal representatives of deceased applicant cannot take advantage of indigence of deceased and claim to sue as indigent person in place of deceased,..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Haryana Co-operative Societies Act, 1984, Section 27, 114(1)(e), 114(2)(e) -- Rejection of plaint - Civil suit for declaration challenging the order rescinding the resolution as illegal as no opportunity of hearing was provided - Remedy of appeal available against the order under challenge - Held, when alternative remedy of..........
Evidence Act, 1872, Section 74, 76 -- Certified copy of plaint, written statement or judgment - To be treated as a public document - No further proof is necessary for proof of the document - Court is bound to receive it as evidence at the instance of any party producing the same...........
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..........
Punjab Tenancy Act, 1887, Section 77(3)(N) -- Bar of jurisdiction - Suit for recovery as compensation for illegal use and occupation of land - Bar of jurisdiction of Civil Court neither pressed before Trial Court nor argued before lower appellate Court - Suit decreed after it remained pending in Civil Court for 7 years - Held, if defendant had pressed issue of jurisdiction..........
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..........
Practice and Procedure -- Jurisdiction of Civil Court - Determination of - Held, averments contained in the plaint determine the jurisdiction of Civil Court...........
