Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Plaint - Amendment - Proviso came into force on 1.7.2002 - Suit filed in the year 1998 - Proviso to Order 6 Rule 17 does not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17(2) -- Amendment of Pleadings - Requirement of indicating the specific words or paragraphs to be added, omitted or substituted in the original pleadings - Non compliance there of - Provisions of O.6 R.17(2) are rule of procedure - Procedural provision are conceived for advancement of cause of justice - Violation of any and every..........
Civil Procedure Code, 1908, Order 6, Rule 17(2) -- Amendment of pleadings ` Requirement of indicating the specific words or paragraphs to be added, omitted or substituted in the original pleadings - Non compliance there of - Amendment allowed by Trial Court - Order challenged on the ground that plaintiff failed to specifically indicate the words or paragraphs to be added,..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - If the final order of Court is disobeyed then plaintiff can initiate proceedings under Contempt of Courts Act but not U.O.39.R.2-A of CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Rule 2A of Order 39 of the Civil Procedure Code is penal in nature - Penal provision must be strictly construed and benefit of doubt must go to the offender...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Enlargement/Introduction of new controversy by impleading parties - Suit for cancellation of sale deed and for possession of land - Alternative prayer for recovery of sale consideration - Defendant alleging payment of sale consideration through cheques drawn on different branches of bank - Application for impleading branches..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Trial Court directing plaintiff to file documents - Not filled - Application for rejection of plaint on ground of non-compliance of said order - Court can draw adverse inference for non-compliance of its order - Failure to file documents no ground for dismissal of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
