Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects pointed out as to drafting of plaint, mis-joinder of parties, non-payment of proper Court fees, non valuation of suit property and not claiming proper reliefs - All the defects could have been cured by plaintiff by seeking amendment of plaint - Permission for withdrawal of suit with liberty to..........
Civil Procedure Code, 1908, Section 149 -- Court fee - Deficiency - An opportunity should be given to make good the deficiency in court fee within a time to be indicated - In case there is failure to comply with such direction only then Court can dismiss the plaint...........
Civil Procedure Code, 1908, Section 151 -- Dispossession in violation of order of temporary injunction - Court can order restoration of possession by exercise of power u/s 151 CPC even when amendment of plaint is not sought for restitution or restoration or recovery of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Necessary details not pleaded by earlier advocate sought to be introduced by way of amendment - No new facts sought to be introduced - Plaintiff discovered the mistake of earlier counsel after recording evidence of its first witness - Merely because evidence of said witness..........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 29, Rule 1 -- Company - Plaint filed by an officer of Company without authority - Suit is maintainable if his action is ratified during trial - Such ratification can be express or implied...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - Not signed by plaintiff or his duly authorized agent due to any bona fide error - Defect can be permitted to be rectified either by the trial court at any time before judgment, or even by the appellate court by permitting appropriate amendment, when such defect comes to its notice during hearing...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - Not signed by plaintiff or his duly authorized agent due to any bona fide error - Defect can be permitted to be rectified either by the trial court at any time before judgment, or even by the appellate court by permitting appropriate amendment, when such defect comes to its notice during hearing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court while deciding a petition for amendment of plaint need not go into the truth or otherwise of the proposed amendment - It also need not decide whether on the basis of the proposed amendment the party seeking amendment is likely to succeed in the case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to change of door number of property - In agreement besides door number boundaries of property also given - Where boundaries and plot numbers are mentioned in a document, mistake in the plot number has to be treated as a misdescription and does not affect..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Change of plot number on account of finalisation of Town Planning Scheme - Delay - Structure of suit will not change - Delay does not go to the root of the matter - Order allowing amendment - Petition against - Dismissed...........
