Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration of right and title in respect of property - Amendment sought to claim relief of recovery of possession and payment of mesne profits - No new claim or cause of action is sought to be introduced - Amendment sought is in the nature of consequential relief to same cause of action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Cash credit facility granted - Different accounts opened relating to one and same transaction - Bank filing suit for recovery on basis of two accounts - By amendment of plaint two more accounts sought to be added - All accounts relating to one and same transaction - No change in nature of suit - No new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case fixed for orders - Held, if it is necessary for the purpose of determining the real question in controversy then it can be allowed before or at or after the trial or even after judgment or in appeal, it can be allowed even before delivery of judgment...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Notice - Not in existence as pleaded in plaint - Notice pleaded was issued on the instructions of party other than the plaintiff and the sum claimed is also totally different to that claimed in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Suit instituted by presenting plaint - In the cause title of the suit it is specifically mentioned that the suit is one under Order 37 CPC and the same is mentioned immediately after stating that the suit is for recovery of Rs.94, 000/- - In paragraph 6 of the plaint also it is mentioned that the suit be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - So long as plaint discloses cause of action even for one relief, plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- SHO took keys of the shop inspite of injunction against defendant - Impleading of SHO as party to the suit and amendment of plaint seeking relief of mandatory injunction directing the SHO to hand over the keys and possession of the premises in question to the plaintiff sought -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Events which take place during pendency of suit which require amendment regarding relief clause - Court should not stay its hands from granting it - Stay order restraining defendant from dispossessing plaintiff from shop in question - When stay order operating Station House Officer allegedly took keys of..........
Civil Procedure Code, 1908, Order 6, Rule 16(a) -- Findings given by District Court of Louisiana USA by filing a suit in original Civil Jurisdiction of High Court at Bombay - Suit filed with mala fide intention and with an intention to harass defendant - Held, it is a clear abuse of the process of the Court - Plaint is liable to be rejected in view of O.6.R.16(a) and (c)..........
