Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact - Cannot be dealt with under an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint clearly reveals that pleadings incorporate several facts which disclose cause of action for filing the suit - Moreover, same is a triable issue, which cannot be dealt summarily in an application for rejection of plaint - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While exercising power U.O.7.R.11 CPC, Court has to see whether plaintiff establishes a cause of action and whether from the averments by itself would invite a decree - It is not necessary for Court to consider overall defect of case of plaintiff as well as defendant for arriving at conclusion as to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court should have indicated its reasons for holding that plaint is also liable to be rejected U.O.7.R.11(d) CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of adjudicating application filed U.O.7.R.11 CPC, it is the plaint that has to be considered - Written statement or the stand taken by defendants cannot be looked into while deciding the issue with respect to rejection of plaint...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata is a mixed question of law and fact and same can be adjudicated only after considering evidence brought on record by parties - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
