Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment allowed subject to cost - Cost accepted - Party cannot thereafter approach Court on another day and state that he is not inclined to receive the costs and seek permission to file an appeal against the order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
