Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Claim of damages and inquiry about extent of damages sought to be amended to claim of a specific amount - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Cannot be allowed after commencement of hearing - Proviso inserted in 2002 shall not apply to suits filed earlier...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - It is only the plaint and the averments therein which can be looked into at the stage of consideration of application U.O.7.R.10 CPC - It is necessary to read the plaint in a meaningful manner to find out the real intention...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of plaint Court to read plaint in meaningful manner to find out the real intention behind the suit - Any illusion created by clever drafting of the plaint should be buried then and there - Court can return the plaint if it has no jurisdiction to entertain and try..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred claim - Amendments can be introduced at any stage of the suit - In case of time barred claim which is introduced for the first time, there would have to be some explanation and secondly, the plaintiff would have to show his bona fides, particularly because such claims by way of an amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred claim - Plea set up by defendant in his written statement in the year 1987 - Amendment of plaint sought to be amended on that plea in the year 2004 - No reasons assigned in application as to why steps not taken for a long time to get the plaint amended - There is complacent negligence on the..........
Civil Procedure Code, 1908, Section 80 -- Suit against Govt. without notice u/s 80(1) - Leave to file suit without prior notice refused by Trial Court - Plaint returned - On refusal of leave the question of institution of suit does not arise, accordingly no interim relief can be granted at that stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be considered on the same principles as an amendment to the plaint - Pleas in written statement may be alternative, or on additional ground or in a given case to substitute the original plea...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Application for amendment of plaint to incorporate plea that suit property owned by Punjab Wakf Board and is leased to plaintiff - Declined by trial Court on the ground that number of suit property as mentioned in plaint and lease deed is different - At the stage of considering..........
Civil Procedure Code, 1908, Order 7, Rule 1(i)(f) -- Valuation of suit for the purposes of jurisdiction - Valuation is regulated by averments made in plaint...........
