Civil Procedure Code, 1908, Order VI, Rule 17 -- Amendment of plaint - Originally suit for recovery of the earnest money filed - Amendment sought to convert the same in a suit for specific performance of agreement - Filing of suit for recovery amounts to relinquishment of the relief of specific performance - Plantiff not entitled to claim decree for specific performance by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plea sought to be raised as to exclusive ownership instead of plea of co-owner - In fact it is claim of area of whole house exclusively instead of claiming the area of first floor and cannot be considered as an admission - Proceedings at initial stage - Delay, if any, can be compensated by costs - Order..........
Civil Procedure Code, 1908, Section 151, Order VI, Rule 17 -- Amendment of Plaint - Application for amendment filed after framing of issues and case fixed for plaintiff evidence - Original suit filed for declaration to the effect that the plaintiff is co-owner in respect of the suit property being a co-sharer - Amendment sought that the plaintiff is the exclusive owner in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By inadvertence khasra number of property not mentioned in plaint - Amendment sought to mention khasra number after 20 years - No evidence required to be led after amendment and only revenue documents to be tendered in evidence - Held, as plaintiff is relying upon some revenue documents, which are per se..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Withdrawal of admission - In claim petition it was pleaded that the deceased hired transport vehicle - Amendment sought to plead that the transport vehicle boarded without any hire charges - Amendment allowed by the Tribunal Held - Withdrawal of Admission or whether there was any admission or not, is a..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Notice and plaint - Variation of facts - In plaint claim is based upon 5 cheques while the notice refers to three cheques - Prima facie creates a dent in the case of plaintiff and lends credibility to the stand taken up by the defendants - Leave to defend granted...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Interest - Claim of - Prior to institution of suit, pendente lite and future - Basis of claim not stated in plaint - Claim of interest unsupported by any written contract/agreement is not covered under the provisions of O.37 C.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Plaint averments are only to be considered for deciding an application U.O.7.Rr.10, 11 CPC - Defendant cannot take advantage of averments in the written statement...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Judgment - Amount claimed stated in plaint - Specific denial thereof in written statement - Reiteration of such denial in other paragraphs also in written statement - Cannot be said that defendant had admitted claim of plaintiff - Judgment on admission cannot be passed...........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Provision is applicable in respect of court fee payable at the time of institution of suit - Provision is not applicable when it is subsequently found that a larger amount is due to the plaintiff than claimed - In that event plaintiff can increase the claim, only by seeking amendment of..........
