Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff itself alleges in plaint that infringement was being done by defendants since April 2023 - There is no whisper in application as to what necessitated plaintiffs to seek urgent relief, by bypassing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when case was posted for final arguments - Plaintiff who got prepared the plaint, signed and verified has not shown due diligence at all - If plaintiff had shown due diligence at the time of filing plaint at the very inception in plaint all amendments now sought to be made should have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Initially suit was filed claiming it as easementary right - Alternative plea of passage being a public passage has been sought by way of amendment - Nature of suit not changed by allowing the amendment, rather it remained the same - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An individual plaintiff or an individual defendant cannot seek to amend plaint or written statement filed jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Simply because khasra numbers of demised premises were not mentioned in the petition, it could not be held that on this count alone, eviction petition was not disclosing any cause of action...........
