Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in written statement as well as contentions of defendant are wholly irrelevant while considering application for rejection of plaint...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determining test for rejection of plaint is whether plaint discloses a cause of action if read in conjunction with documents relied upon - However, while making such a determination, Courts would have to disregard pleas taken by defendant in written statement and Courts should restrict itself to plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application filed U.O.7.R.11 CPC, Court had to look into averments of plaint and not written statement - Averments of plaint to be read as a whole to find out whether averments disclose a cause of action or whether suit is barred by any law...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Plaint and allegations contained therein do not constitute any evidence on the basis of which Court can act - It is necessary to record evidence of plaintiff - Court is not entitled to act on the allegations of plaint and it must act on the proved..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at the instance of defendant transposed as plaintiff - None other than the author has right to seek leave to amend original pleadings, no matter it was not objected to by original plaintiffs - However, such party can pursue contentions in written statement in support of suit claim treating as part of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaint discloses cause of action is to be seen, ascertained and noticed while keeping in view averments made in plaint - Contention contained in written statement cannot be a ground for rejecting plaint in terms of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - Such plea can be gone into when defendant raises such a plea in the written statement and if any determination is made against plaintiff and Court fee is not paid, then provision of S.7.R.11(b) CPC comes into force - Prior to said stage, it cannot be said that plaint is liable to be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
