Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Evidence led when there was no pleading - Subsequently plaint amended - Evidence led on that point prior to amendment cannot be looked into...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Suit through next friend - Suit is deemed to be instituted on the day the Court grants permission to next friend to sue and orders notices thereon - Plaintiff died by the time Court granted permission - Court has no jurisdiction to entertain suit filed by next friend on behalf of a dead person - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Facts on the basis of which amendment sought occurred before the filing of the suit - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Power to allow amendment is wide and can be exercised at any stage of the proceedings - Courts while deciding application to amend should not adopt hypertechnical approach - Liberal approach should be the general rule particularly where the other side can be compensated by costs - Technicalities of law..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication cannot be allowed to be filed as a matter of right - Court can grant leave after applying its mind on the pleas taken in the plaint and the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Order allowing amendment when the case was closed for judgment - No error in allowing amendment - Revision application challenging order allowing amendment - Rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment will take away the admission made by the plaintiff as well as it is to introduce a relief which is time barred - Amendment of plaint cannot be allowed...........
Civil Procedure Code, 1908, Section 152 -- Prayer for a decree U.O.34.Rr.4 & 5 CPC - However, simple money decree passed - Amendment of decree - Allowed - Decree to be in consonance with the prayer in the plaint - Not necessary that aggrieved party should necessarily file an appeal or review...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party on his own accord - Amendment of plaint should be allowed to state its case against the party impleaded...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - 'Directly and substantially in issue' and 'collaterally or incidentally' in issue - If the matter was in issue directly and substantially in a prior litigation and decided against a party then the decision would be res judicata in a subsequent proceeding - If a matter was only collaterally or incidentally in issue..........
