Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7 -- Plaint - Amendment - Defendant proceeded exparte - Amendment of plaint allowed - Held, when amendment of plaint is allowed then defendant who is proceeded exparte has to be given a right to file the amended written statement by issuing notice of said amendment...........
Civil Procedure Code, 1908, Order 1, 2 -- Misjoinder of parties or misjoinder of causes of action - It is a procedural objection and not a bar to the entertaining of the suit or the trial and final disposal of the suit - Court has the liberty even to treat the plaint in such a case as relating to two suits and try and dispose them off on that basis...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Section , Order 2, Rule 3 -- Mis-joinders of Parties or mis-joinder of cause of action - Plaint suffers from the defect of mis-joinder of parties or mis-joinder of cause of action either in terms of Order 1 Rule 1 and Order 1 Rule 3 on the one hand, or Order 2 Rule 3 on the other - Perceived defect..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 2 -- Mis-joinder of parties or cause of action - Barred by any law - Rejection of Plaint - A suit barred for misjoinder of parties or of causes of action - Not barred by law within the meaning of order VII Rule 11 (d) of the Code...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defect of mis-joinder of parties and cause of action - Is a defect that can be waived and is not such so as to lead to the rejection of plaint u/O.7 R.11(d)...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, 11 -- Cause of action - Territorial Jurisdiction - Suit for recovery filed at Gurdaspur - Application for rejection of plaint for want of jurisdiction - Defendant alleging that he is residing at Faridabad and transaction had taken place there - Plaintiff having bank account at Gurdaspur - Payment through cheque made..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - Passing of decree - Merely because there is no denial of the facts stated in the plaint, it will not be imperative for the Court to decree the suit - Court must consider facts stated in plaint and relief legally available to plaintiff before exercising its discretion...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Payment of proper Court fee - Issue already framed regarding Court fee and the same was to be decided along with other issues on the basis of evidence led by parties - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Section 151 -- Specimen thumb impression for comparison - Suit for permanent injunction - Interim stay granted - Application for police help for compliance - Application for contempt proceedings - Defendants filed application for directions to plaintiff to give her specimen thumb impression for being compared with applications for police help..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to create a bar - Without placing..........
