Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint when discloses cause of action cannot be dismissed for the mere reason that in the opinion of Judge, the plaintiff may not succeed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad-valorem Court fee - Suit for declaration challenging sale deed - Consequential relief of possession not claimed - Plaintiff not required to pay ad-valorem Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Trial Court directing plaintiff to file documents - Not filled - Application for rejection of plaint on ground of non-compliance of said order - Court can draw adverse inference for non-compliance of its order - Failure to file documents no ground for dismissal of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 61 -- Plaint - Amendment - Sought at First Appellate stage - Application dismissed on ground of limitation - Suit for possession by way of redemption of land - Mortgage deed executed in the year 1922 for a period of 25 years - Right to redeem would arise after the expiry of time so fixed - Suit..........
Civil Procedure Code, 1908, Order 43, Rule 1-A -- Challenge to non-appealable orders in appeal against decree - Application for amendment of plaint before First Appellate Court - Declined - Appeal dismissed - Second Appeal - Order declining amendment challenged in second appeal - Objected to - Plaintiff has right to challenge order declining amendment in plaint in appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Inadequate Court fee - Suit for recovery of dues and damages - Specific amount claimed - Court fee not affixed on amount claimed - Plaintiff liable to pay Court fee on amount claimed...........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Typographical/Clerical error in plaint - Suit for Specific performance - In plaint some Khasra Numbers shown as part of Rectangle No. 203 instead of 204 - Suit decreed - Application for correction of Rectangle number sought - Typographical/ clerical error in plaint, not affecting rights of parties - Rectangle number..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Furnishing of copy of plaint for service of defendant - Provisions directory not mandatory - Dismissal of suit on account of non furnishing of copies of plaint, harsh action - Order set aside...........
