Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where none of the reliefs claimed in suit can be granted to plaintiff, such suit should not be allowed to continue and to go for a trial - Such a suit should be thrown out at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected partially...........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
