Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint which does not disclose cause of action can be rejected at any stage of the suit, even if the Court has issued summons to the defendant...........
Civil Procedure Code, 1908, Section 92 -- Trustee - Challenge to appointment - Enquiry cannot be ordered if trustees were validly appointed - S.92 has no application unless three conditions are fulfilled; the suit relates to a public, charitable or religious trust; it is founded on an allegation of breach of trust or the direction of the Court is required for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - suit for injunction sought to be converted into suit for specific performance and possession - Plaintiff gaining relief lost by efflux of time - Gain of defendant by such efflux would be jeopardised -Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, 18 -- Amendment of plaint - Allowed - Amendment not incorporated within time allowed - It is duty of party to amend plaint and is not ministerial act of Court - Court allowing incorporation after considerable delay - Costs awarded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Ground of bonafide need coming into existence during pendency of suit - Transferee - landlord can be allowed to amend plaint and claim relief of eviction on such ground...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment sought highly belated and also not bonafide and contrary to the pleas raised earlier in the plaint - No explanation as to why the amendment was not sought in the trial court - Amendment disallowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - During the pendency of suit defendant trespassing into property - Conversion of suit to one for declaration and recovery of possession - Held, amendment is necessary to adjudicate real issue between the parties and amendment if allowed will not cause..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 3 -- Amendment of plaint - Description of the immovable property in the plaint not sufficient to identify - Amendment thereof - Amendment if allowed will lead the parties to litigate afresh as to subject matter of the suit - Amendment not allowed...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Relief valued on basis of notional value - Court cannot return plaint for want of jurisdiction on ground that relief prayed for is to avoid payment of entire value of unexecuted contract. A.P. Court Fees Act, 1956, S.24(d)...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- While allowing amendment of plaint Court observed that none of the parties would be entitled to lead any further evidence -Held, it does not mean a direction against admission of additional evidence even if a case It made out at a later stage...........
