Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings - Affidavit ordered to be taken off the record to be kept in part `D' - Respondent directed to file fresh affidavit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claimed his absolute ownership on basis of patta issued in his favour - However, patta do not support the plaintiff's case as pleaded in the plaint and cannot be taken as an absolute document of title, particularly when said patta is neither registered document nor..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if plaint discloses cause of action in part, it cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Property in question was endowed to deity and donor did not keep any right with him - However, managerial work to be performed by one `K' and his successors - Arguments that endowment deed was never brought to its existence as no idol was installed would not attract O.7.R.11 CPC - Order rejecting plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Once fraud is alleged by plaintiff in reply to objection U.O.7.R.11 CPC, then allegation of fraud has to be tested in terms of O.6.R.4 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Proceedings before civil Court initiated by plaintiff not only was abuse of law but entire conduct of plaintiff is a clear reflection of fact that she has been doing so repeatedly after being a signatory to settlement arrived at between parties - High Court was absolutely justified in imposing costs of..........
