Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Amendment sought for incorporating a prayer to declare that conveyance made by defendant in favour of her daughter, who is not a party to suit, is a fraudulent transfer, intended to defeat the creditors - Suit filed by plaintiff is in her personal capacity - It is not a suit either filed..........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Set off - Recovery suit - Only an ascertained sum of money legally recoverable by defendant from plaintiff can be set off in a suit for recovery of money...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery of money - All suits which are for money recoverable on a written contract or on a bill of exchange, hundies or a promissory note are subject matter of a summary suit U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Partnership Act, 1932, Section 69(2), Negotiable Instruments Act, 1881, Section 30, 37 -- Suit for recovery of money, by unregistered partnership firm, on the basis of dishonoured cheques - Suit not barred u/s 69(2) Partnership Act as liability is sought to be enforced created under the Negotiable Instruments Act and not on the original cause of action...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Dishonour of cheque - Allotment of plot - No liability admitted on the part of defendants which would entitle plaintiff to institute a suit U.O.37 CPC - Cheque issued by defendant could be treated at the best, as part payment towards repurchase of nine flats from plaintiff - Remedy of plaintiff does not..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Section 102 -- Scope - If subject matter of suit is anything other than recovery of money or something more than recovery of money, provision of S.102 CPC cannot be invoked...........
Civil Procedure Code, 1908, Section 102 -- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance with an alternative relief for refund of advance amount - Subject matter of appeal is confined to return of advance amount - Appellant contended that since the relief confined is only to return of money, Court fee has to paid in part i.e only for recovery of advance amount - Contention rejected, as suit..........
