Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Plaintiff omitted to include present suit properties in earlier suit - He has not sought leave of Court to sue for all such reliefs - Plaintiff thus, has relinquished his right in suit properties by virtue of O.2.R.2 CPC - Suit is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merely because plaintiff wants to introduce certain pleas by way of an amendment in the plaint, which the defendant has set up in his written statement, will not be a valid ground for rejecting the prayer for amendment of plaint, particularly when no prejudice is going to be caused to defendant by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought, is not going to change the nature of suit and no prejudice is going to be caused to other side by allowing the prayer for amendment - Amendment sought is necessary for determining the real question in controversy, therefore, with a view to avoid multiplicity of suit, amendment sought by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff "having no cause of action" and plaint "discloses no cause of action" are two different situations - When plaintiff would not have any cause of action for suit, suit would ultimately be dismissed but if plaint does not disclose any cause of action, plaint would be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant had taken a ground that suit was undervalued and Court fee was insufficiently paid - Said submission is not covered U.O.7.R.11(b), (c) CPC as Court had not directed plaintiff to correct valuation or to supply required Court fee - This is not a ground for rejection of plaint - Plaint not liable..........
