Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Law to amendment of pleadings is quite liberal - Amendment of pleadings can be refused only when the effect of amendment is to withdraw some admission made earlier and to take a complete somersault on the case pleaded earlier or when some right has become accrued to the other party because of lapse of..........
Insurance -- Motor Vehicle - Accident occurred at 11.30 A.M. on same day on which policy was taken - Insured claiming policy taken at 10.00 a.m. while Insurance Company claiming policy taken at 4.45 P.M. relying on cover note - Tribunal holding Insurance Company liable as policy would cover liability from previous midnight of same day - Time of issuance of policy mentioned..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over..........
Civil Procedure Code, 1908 -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over pathway and it was common..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects due to plaintiff's own fault - Defects pointed out in written statement - Plaintiff aware of the same yet he tried to avoid it - If defects are due to plaintiff's own fault, plaintiff cannot be permitted to withdraw suit with liberty to file a fresh one on the same cause of action - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Defects in the suit due to plaintiff's own fault - These defects pointed out by the defendant in the written statement and the plaintiff was aware of it but he tried to avoid it - If the defect is due to the plaintiff's own fault, the Court would be acting illegally and with material irregularity in the exercise of its..........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit at appellate stage - Appeal though continuation of the suit but plaintiff has no absolute right to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Non production of the site plan showing the exact portion which the defendant had encroach upon - Not a formal defect - Permission to withdraw suit with liberty to file another suit on the same cause of action cannot be granted - Plaintiff may apply for amendment of the plaint...........
Specific Relief Act, 1963, Section 37, 38 -- Site plan - Sanctioned by Municipal Committee - It does not give rise to presumption that the site belongs to a particular person - If plaintiff fails to establish the acquisition of title with respect to the site in dispute and has managed the sanction of the site plan by wrong representation, the Committee has the right to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at appellate stage - Appellate Court has power in appropriate cases to grant permission to withdraw the suit with liberty to file fresh suit...........
