Civil Procedure Code, 1908, Order 23, Rule 1 -- Wrong description or not giving full description of the suit land in the plaint by itself is no ground to allow withdrawal of suit with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to add certain persons as proforma defendants - Petitioners failing to prove the satisfaction of trial Court as to how such persons proposed to be brought on record as defendants are necessary for decision of suit - Not stated as to how they would be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Plaint amended more than what was allowed - Additional issue as to whether plaintiff has deleted and unauthorisedly added new facts in the amended plaint - Allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Summons served but without copy of plaint - On summons it was mentioned that it was a suit for possession but in fact suit was for specific performance of contract of sale and for possession - Held, it is not due service:..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Plaint returned to be filed afresh serving notice under Section 80 CPC - Amounts to rejection of plaint - An appeal lies against such an order...........
Civil Procedure Code, 1908, Order 30, Rule 1, 10 -- Suit for recovery - Filed by partnership firm - No averment in plaint showing how the firm was entitled to recover the alleged amount - On the other hand, plaint allegations showing that cause of action arose not to firm - Suit is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - The law is settled on the point that the plaintiff is sole architect of his plaint. It is the plaintiff who has a right to choose his own adversary against whom he seeks a relief. Where there was no allegation or any cause of action against the applicant who sought to be impleaded as defendant in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Admission once made cannot be allowed to be withdrawn if it works adversely to the rights and interest of other party which right accrued by such admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - More land sought to be included in suit land being left due to typographical error and for seeking additional relief of partition of properties by metes and bounds - Amendment allowed as it does not change the nature of suit...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of costs - Costs accepted subject to challenging the order in revision petition - Not entitled to challenge the order...........
