Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Amendment sought to add certain facts which were necessary for adjudication of dispute between parties - Such amendment will not change nature of suit - Property in suit will also remain the same - Plaintiff only wants to correct a mistake and..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn subsequently - Application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
