Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Arising out of the facts which are the basis of suit - On the basis of said subsequent events, plaintiff seeking certain further reliefs - Proposed amendment not to change the nature of suit - Amendment allowed...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Application for correction of clerical or arithmetical mistakes in decree and for amendment of plaint - When an appeal is filed against decree then such applications are to filed before appellate Court or second appellate Court which decided the case finally though appellate Court or Second Appellate Court had..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership and permanent injunction for restraining defendants from dispossessing them forcibly - Suit filed on the basis of title on the basis of sale-deeds - Held that plaintiffs were not required to pay any ad valorem court fee - Order rejecting plaint for no, payment of ad..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint when suit is barred by any law - Disputed questions cannot be decided at the time of considering an application U.O.7.R.11 CPC - O.7.R.11(d) applies in those cases only where the statement made by the plaintiff in the plaint, without any doubt or dispute shows that the suit is barred by any law in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be filed at any stage of the proceedings and even before filing the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected even without intervention of defendant when plaint is hit by any of the infirmities provided in the provision...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Rejection of plaint U.O.7.R.11 CPC - Does not preclude plaintiff from presenting a fresh plaint in respect of the same cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Restraint order of alienation of property - While deciding preliminary issue plaint ordered to be returned for lack of jurisdiction - During pendency of appeal defendant alienated suit property - Held, there is no violation of injunction order as on the date of alienation there was no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Rejection sought on the ground of limitation - Suit regarding non - delivery of goods - Clause regarding applicability of Hagues Rules, Rules provide one year limitation from the date of delivery - Suit filed after expiry of one year period - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only when Court comes to a clear conclusion that any of the conditions enumerated in clauses (a) to (f) of rule 11 of order 7 are satisfied and it should be done in exceptional circumstances only - Facts in plaint or written statement are not to be judged at the stage of rejection of plaint which is only..........
