Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Legal plea can and ought to be permitted to be raised at any stage of proceedings particularly when defendants are not prejudice in any manner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No new facts are being sought to be introduced by plaintiffs - Same appears to be by way of elaboration of already existing pleadings in the plaint - Proposed amendment appears to be just and necessary for a fair and complete adjudication of all the disputes raised between parties - It would not cause..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Commercial dispute - Defendants have not produced any document to show that there is any relationship between parties with regard to any business and defendants are using the property exclusively in Trade or Commerce - Plaintiffs on the other hand established that defendant is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of consideration of application U.O.7.R.11 CPC, only averments in the plaint has to be seen...........
