Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Agreement to sell - Suit for permanent injunction - By amendment of plaint suit allowed to be converted to be one for specific performance - However, due to negligence/inadvertence, necessary pleading that plaintiff was ready and wiling to perform his part of contract omitted - Second amendment sought for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- 'Ready and willing' - Sought to be introduced by way of amendment in a suit for specific performance - Question of limitation is not involved in allowing such an amendment in the plaint...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Exparte grant of injunction - Order passed taking into consideration plaint and other material on record - Order cannot be said to be without jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 10, 13 -- Plaint - Amendment - Petition for judicial separation sought to be converted to be one for divorce by amendment of plaint - Object and scope of both the petitions and parameters to be followed are different and distinct - Merely because amendment sought is not prejudicial to the..........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 15 -- Specific performance of suit - Agreement to sell property - Plaintiffs averred that amount of loan advanced by them to defendant was treated as advance and balance sum was to be paid by plaintiffs at time of execution and registration of sale deed - However, defendant issued notice to..........
Civil Procedure Code, 1908, Order 33, Rule 5 -- Forma pauperis suit - Prayer for permission - Rejected on the very on set of proceeding - Plaintiff, a trust - Suit filed in relation to trust property - Plaint showing that cause of action arose for filing suit on different dates mentioned therein - Suit also found to be maintainable and there was also property in relation..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Delay - Inspite of delay and laches an amendment can be allowed if facts of the case so permits, as dominant purpose of allowing amendment is to minimize the litigation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Delay - Relief barred by limitation - Amendment can be allowed depending upon the facts of the case - If grant of an amendment really subserves the ultimate cause of justice and avoid furthers litigation the same can be allowed - There is no straight jacket formula for allowing or disallowing an amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Relief of declaration whether falls under Article 58 or Articles 64, 65 of Limitation Act - Question to be decided at the trial - Amendment of plaint seeking relief of declaration allowed...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non impleading of L.R's of a defendant who died during pendency of suit - Effect - Suit for possession of seven rooms - It was specifically mentioned in plaint as to which room is in possession of which defendant - If the interest of the co-defendants are separate, as in case of co-owners, the suit will abate only as regards..........
