Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that appropriate prayer not made - This is a matter ultimately to be decided in the suit and not an issue to be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff having alternative equally efficacious remedy - Cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint if taken and proved to be correct in its entirety on trial of suit, would undoubtedly result in granting reliefs prayed for by plaintiffs - Plaint discloses a real cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint if taken and proved to be correct in its entirety on trial of suit, would undoubtedly result in granting reliefs prayed for by plaintiffs - Plaint discloses a real cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment should not be adjudged at the stage of allowing or dismissing prayer for amendment...........
