Civil Procedure Code, 1973 -- Order 7 ,R. 11 - Rejection of plaint - Whether a plaint discloses a cause of action or not is essentially a question of fact - But whether it does or does not must be found from reading the plaint itself - For the said purpose the averments made in the plaint in their entirely must be held to be correct - The test is as to whether if the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to claim higher rate of interest - No amendment can be granted without affording opportunity to other party to rebut the same - Any such amendment to which the other party had no opportunity to rebut shall be ignored - Claim on amended rate of interest declined...........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier suit claiming right of pathway not complying with provisions of O.7.R.3 CPC - Suit dismissed as not pressed - Later suit claiming easement right containing necessary averments for establishment of easement right - No contention regarding maintainability of suit in written statement nor plaint of earlier suit produced..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 7 -- Application for amendment of plaint to incorporate relief of damages for breach of contract also - Suit for specific performance - Contract for supply of goods - Defendant had purchased goods making payment but placed no order subsequently as contract had expired - Amendment application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Admission - Withdrawal of - Admission made by a party cannot be allowed to be withdrawn until party satisfies that the admission made by it was erroneous and negates factual position...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff a rustic and illiterate villager - Mistake in understanding fact stated by plaintiff not ruled out - Averment in plaint sufficiently explained to be erroneous - Held, order denying amendment is wholly illegal and causes manifest injustice to plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Challenge to adoption - Fact of adoption came to knowledge on filing of written statement - Written statement was filed on 5.9.2001 and amendment of plaint sought on 6.4.2002 - Question of limitation to challenge the adoption can only be decided at the trial as in case plaintiff is able to prove the date..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Amendment of plaint - Plaintiff-respondent came to know about the adoption deed after filing of written statement on 5.9.2001 by defendant-petitioner - The application seeking amendment filed on 6.4.2002 challenging adoption deed - The amendment held rightly allowed by the trial court as the same is within the four corners of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Court fee - Non payment - Plaint rejected U.O.7.R.11 - Application U.O.9.R.4 is not maintainable - Decree passed U.O.7.R.11(c) is a decree u/s 2(2) of the Code, hence appealable...........
