Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Mischief - No jurisdiction of Court - Suit filed - Party adversely affected also not impleaded with evil motive - Benefit of return of plaint liable to be denied to plaintiff - Instead of ordering return of plaint suit directed to be deleted from file...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Rejection - For deciding an application U.O.7.R.11 CPC averments in plaint alone are germane and plea taken in written statement is wholly irrelevant at that stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Admiralty suit seeking arrest of vessel discharge of cargo remaining on board of vessel - No privity of contract between applicant and plaintiff - Goods purchased by plaintiff from defendant - Contract between plaintiff defendant only simply because defendant entered into an understanding with applicant..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Suit for declaration and permanent injunction - Limitation - Cause of action arose on 13.11.1986 and suit filed in the year 1991 - Nowhere in body of plaint, plaintiff has chosen to explain subsequent events providing for a cause of action subsequent to 13.11.1986 - Suit is barred by time - Trial Court dismissed suit -..........
Civil Procedure Code, 1908, Section 152, 153, 151 -- Errors in plaint due to incorrect jamabandi provided by revenue authorities - Errors travelling to decree - Errors in decree can be corrected by Court and it is not necessary for the correction of the decree to first amend the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Applicant for - Dispute pertain to title of suit property - Amendment to incorporate of raising new construction during suit - Amendment not material for purpose of resolving `real questions in controversy' between contesting parties - Not allowed...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of suit - Scope - Recovery of possession suit - Mesne profit claimed - Lease right disputed - Title alleged to be vesting in government - Title not adjudicated upon - Under circumstances without deciding title of plaintiff controversy could not be decided - Matter remanded with specific direction to trial Court to..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading and proof - Variance - Non giving of details in plaint does not amount to variance between pleading and proof...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Non payment of deficit Court fee within time - Plaint to be rejected and not to be returned...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint - Amendment - Defendant cannot seek amendment of plaint to include left out properties in a suit for partition - Parties are entitled to amend their own pleadings - Such a course cannot be adopted even while exercising inherent powers u/s 151 CPC...........
