Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration - Amendment to incorporate the alternative prayer regarding possession - By allowing such an amendment neither the cause of action nor the nature of suit will change - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Section , Order 7, Rule 1 -- Suit for declaration and permanent injunction - Ownership over the property claimed on the basis of Wills - No plea in the plaint with regard to existence and validity of Civil Court decree - Decree produced during course of evidence - No relief can be claimed and granted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration challenging Civil Court decree - During pendency of suit, plantiff dispossed from suit property - Amendment sought claiming decree of possession - Trial Court declined the amendment - The question whether plaintiff is in possession on the date of filling suit or she has been..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Plea of res judicata - Question of maintainability of suit invoking principle of res judicata cannot be decided at the initial stage of the proceedings before submission of written statement and taking evidence as such a question involves disputed facts and law...........
Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11 -- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Plea justifying claim for restoration of possession by way of amendment - Not inconsistent or disruptive of the original plea...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Every pleading should contain, and contain only, a statement in a concise form of the material facts on which the party relies for his claim or defence, as the case may be - `Material facts' are facts upon which the plaintiff's cause of action or defendant's defence depends and the facts which must be proved in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint is to be rejected where (1) it does not disclose a cause of action, (2) where the relief claimed is undervalued and the valuation is not corrected within a time as fixed by the court, (3) where insufficient court fee is paid and the additional court fee is not supplied within the period given by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read the entire plaint as a whole to find out whether it discloses a cause of action - Whether the plaint discloses a cause of action, is a question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint disclosing some cause of action - Cannot be rejected on the ground that in the opinion of Judge plaintiff may not succeed...........
