Civil Procedure Code, 1908, Section 100 -- Amendment of plaint allowed on payment of costs - Amendment of a formal nature sought bona fide at early stage of suit and costs accepted - No prejudice caused to defendants by amendment - No illegality or infirmity in findings of subordinate Courts - Interference in second appeal declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Once amendment allowed - Relates back to date of suit originally filed...........
Civil Procedure Code, 1908, Section 9 -- Question of jurisdiction of Civil Court to try a particular suit - To be determined on the basis of allegations made in the plaint i.e. without going into the veracity or merits of the same - Even pleas on merits raised in defence not relevant - Exclusion of jurisdiction of Civil Court in matters relating to question of title or..........
Civil Procedure Code, 1908, Section 152 -- Mistake occurring in pleadings - Correction of after suit decreed - If mistake so palpable that nobody can possibly have any doubt as to what parties meant or what Court meant when it passed judgment, decree or order - Such correction in pleadings can be made under Section 152 -Power to rectify any mistake in judgment, decree or..........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1 -- Court allowed first suit to be withdrawn with permission to file a fresh suit - Order challenged in High Court - Second suit filed in accordance with permission granted by Court - High Court set aside the order and consequently first suit revived but subsequently plaint in first suit rejected under Order 7 Rule 11..........
Civil Procedure Code, 1908, Section 10, 11, 12, Order 7, Rule 11, 13 -- Stay of second suit - Object of Section 10 - Only one suit on the same cause of action should be allowed to be proceeded with at the same time - After adjudication of first suit on merits - Fate of second suit would be determined by principles of res judicata - Principles of res judicata embodied Id..........
Civil Procedure Code, 1908, Section 151 -- Pre-emption suit by minor - Court ordered deficiency in court-fee should be made good - Counsel for minor-plaintiff' made statement that deficiency in court-fee could not be made good and suit may be dismissed - Court rejected the plaint - Minor-pi a in tiff through another next friend filed petition under Section 151 for..........
Civil Procedure Code, 1908, Section 151, 2(2), 96 -- Suit for possession by pre-emption - Order for deposit of I/5th of pre-emption money - Amount deposited within time - Plaintiff taken ill and could not attend Court nor could he inform his counsel - Counsel stated that direction of Court not complied with - Court rejected the plaint - Application under Section 151 for..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Replicatio, Part of pleadings - Order not challenged in original plaint - Relied upon by defendant in written statement - Challenged to be void and illegal in replicatio, Cannot be said that order not challenged by plaintiff in the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Words "sufficient grounds" in clause (b) - Not exactly ejusdem generis to formal defect mentioned in clause (a) - Somewhat analogous to them - Defect in plaint - Constitutes sufficient ground for allowing plaintiff to withdraw from suit with liberty to file a fresh suit...........
