Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 2, 10 -- Exparte proceedings - setting aside - plea that neither a copy of summons nor a copy of plaint given-application opposed by the other party - the proper procedure in such cases is to give an opportunity to the applicant to lead evidence and then right of rebuttal to the other..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16 -- Plaint amendment - suit for specific performance of contract - ready and willing to perform his part of the contract - not mentioned specifically though could be so gathered from the plaint - amendment allowed...........
Civil Procedure Code, 1908, Order 38, Rule 8, 11, 11-A, Civil Procedure Code, 1908, Order 21, Rule 58(2)(4) -- Petition under Rule 8 of Order 38 - Inquiry can be continued even beyond the date of decree of the suit as contemplated by Rule 11 & 11-A - The petition is to be tried as if it is a plaint as per Order 21 Rule 58 (2)(4)...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Idiot - Suit instituted through next friend - before admitting plaint the court should conduct of its own motion an enquiry - thereafter if the defendant dispute it, court should raise an issue on the point...........
Civil Procedure Code, 1908, Section 80(2) -- Application under sub section (2) for dispensing with service of notice as required under sub section (1) - Incumbent on trial Court to pass a specific order on application taking into account nature of case and also on reaching a conclusion whether or not immediate relief required to be afforded to plaintiff - Return of plaint..........
Civil Procedure Code, 1908, Section 115, 80 -- Trial Court without passing any order allowing or disallowing application under sub section (2) of Section 80, granted temporary injunctio, Shows that Court did : appreciate urgency of matter - Objection in written statement that suit not maintainable because of no, service of notice under sub section (1) of Section 80 prior..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint claiming alternative relief- Cannot be declined on the ground that a new cause of action would be introduced by proposed amendment - By claiming alternative relief cause of action is not changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint- Delay- By itself no ground to disallow amendment - Amendment of plaint in appeal - Cannot be declined on the ground that highly belated having made after 8 years of filing of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 7 -- Amendment of plaint in appeal - Suit for mandatory injunction - Amendment seeking alternative relief of possessio, Ground for seeking amendment in plaint that during arguments in appeal pointed out that suit for mandatory injunction not maintainable and proper claim suit for..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10A(2)and -- Trial Court having no jurisdiction to hear suit - Request for return of plaint -Plaint directed to be returned to plaintiff for presentation in proper Court...........
