Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaint returned and filed in proper Court - Date of presentation of plaint in proper Court is the date of institution of suit for deciding application u/s 10 CPC...........
Specific Relief Act, 1963, Section 12(3), Civil Procedure Code, 1908, Order 6, Rule 17 -- Agreement to sell - Suit for specific performance - Amendment of plaint sought by which a share sought to be relinquished - There is no limitation for filing such an application - Such an application can be filed at any stage of the proceedings and can even be filed in Appellate Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Not to be dismissed if it discloses a cause of action and by the time written statement came to be filed or by the time Court is called upon to pass a decree, plaintiff is found entitled to the relief prayed for in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Plaint if disclosing cause of action suit not to be dismissed necessarily for such reason - Court to examine whether any irreparable prejudice was caused to the defendant on account of suit being pre mature and whether by granting relief in such suit a manifest injustice could be caused to the defendant -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Contractual obligation - Suit regarding supply of goods - Failure to make payment despite request and reminder - Rejection of plaint sought on the ground of non disclosure of cause of action factum of submission of bill and failure to make payment itself is a sufficient cause of action - Plaint not to be rejected...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months - Plaintiff kept quite for seven..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Subsequent events - Subject matter of property identical both in suit and proposed amendment - Amendment would not bring totally distinct and different cause of action - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Amendment - Power of Court to allow amendment of pleadings cannot be restricted or controlled by the provisions of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 151 -- Error in name of Company - Correction in plaint - In strict sense it is not amendment of any pleading or of any fact - Court can allow correction by invoking provision of S.151 CPC...........
Civil Procedure Code, 1908, Order 20, Rule 8 -- Preliminary decree - Passing of supplementary preliminary decree - Availability of items in the plaint schedule disputed by persons not impleaded before preliminary decree but impleaded in the final decree proceedings - Held, preliminary decree can be reopened to consider whether they are available or not...........
