Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent/alternative pleas - Can be raised in written statement - Not permissible in case of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint vis a vis written statement - (i) Amendment of plaint and written statement not governed by exactly same principle (ii) Courts should be more liberal in allowing amendment of written statement than plaint (iii) Plaint cannot be amended so as to alter materially or substitute cause of action or nature of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dismissal of appeal - Application becomes infructuous and no order can be passed on it - Rejection of application by first appellate Court after disposing appeal - Held, not proper...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ground that plaintiff has no legal and constitutional right of pre-emption - Same cannot be considered while deciding application U.O.7.R.11 CPC - Court has only to see whether plaint discloses cause of action - Rejection of plaint, held, not proper...........
Court Fees Act, 1870, Section 7(iv)C, 7(v) -- Schedule II Article 17(iii) - Advolerum Court fee - Suit for declaration challenging gift deed & sale deed - Possession over suit land claimed - Prayer for rejection of plaint on ground of non payment of advolerum court fee - Not tenable as only relief of declaration claimed - Advolerum court fee required only when in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7 -- Plaint - Amendment allowed - Defendant has right to file amended written statement limited to the amendment made in the plaint - Defendant who was proceeded ex parte can join the proceedings when the amended plaint is filed - Their right to participate in the proceedings at that..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Barred by law - Statement in the plaint without addition or subtraction must show that it is barred by any law to attract application of Order 7 Rule 11 CPC - Averments made in the plaint alone have to be seen and they have to be assumed to be correct - It is not permissible to look into the pleas raised in the written..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Duty cost on Court to examine plaint to see whether it discloses any cause of action and also to see whether it is barred by any provision of law - Court should reject plaint suffering from infirmities enumerated under O7 R11 after recording sufficient reason to do so...........
Civil Procedure Code, 1908, Order 7, Rule 11 -Clause 9 - Rejection of plaint for not disclosing cause of action - Suit by workers for restraining company from disposing of its assets till claims of workers before various foras are decided - Liabilities of workers qua company not finally adjudicated and determined - No cause of action accured on the date of filing suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Effect of amendment was to ouster jurisdiction of Court - Proper course is to allow amendment and then return amended plaint for presentation before proper Court...........
