Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Order 7, Rule 1 -- Application filed for referring the dispute to the arbitrator - Cannot be considered as a plaint as contemplated under CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Misdescription in naming the plaintiff as a proprietorship firm and not a registered partnership firm - No evidence on record that such misdescription was done mala fide or that because of this any injury has been caused to the defendant - When a suit is instituted misdescribing the plaintiff an amendment..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Unless statute specifically require for a plea to be in any particular form, it can be in any form - No specific phraseology or language is required to take such a plea - Plaint to be read as a whole to gather true spirit behind a plea. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2, 6 -- Plaint - Amendment - Claims to be brought in same suit to avoid multiplicity of proceedings - No new cause of action arose - Claim contained in plaint in respect of same parties can be tried in one suit - No disadvantage caused to defendant by permitting amendment - No..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - It would be inequitable and inconvenient to permit an amendment in respect of a dispute over which this Court would not have territorial jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amended pleadings should accompany application - In the instant case not done so - Plaintiff permitted to file the proposed amended plaint, subject to payment of an additional sum of Rs.500/- as costs...........
Civil Procedure Code, 1908, Section 99, Order 6, Rule 14 -- Omission to sign plaint or signing of plaint by a person not authorised - Is not a matter affecting the merits of the case or the jurisdiction of the Court - Such defect or error or omission can be rectified even at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 3 -- Pleadings - All the principles of law need not be stated either in the plaint or the written statement - The Courts have to see what are the principles of law applicable to the facts either admitted or proved in a particular case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed by appellate Court suo motu - Order set aside...........
Civil Procedure Code, 1908, Order 32, Rule 15, Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Person of unsound mind - Suit by next friend - Fact of mental infirmity must be stated in plaint - When such plaint is presented, Court on its own motion must conduct inquiry and it is only upon due satisfaction of Court that party by reason of mental infirmity is incapable of..........
