Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concurrent findings of fact recorded by two Courts below that plaintiffs stand recorded as against khasra nos. mentioned in plaint, in revenue records and those entries still subsist in their favour - Since plaintiffs being record holders, prima facie case stands established and presumption of their..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation cannot be decided as an extract principle of law bereft of facts as starting point or commencement of limitation could be entirely a question of fact - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Objection taken u/s 59 of T.P. Act r/w S.49 of Registration Act - It is a mixed question of fact and law to be decided at an appropriate stage after both the parties adduce their respective evidence - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Death of sole defendant - Legal representatives brought on record - There are no allegations against legal representatives and there is no prayer in the civil suit qua them - Suit cannot proceed - Plaint rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the boundaries of suit properties - Boundaries of suit property mistakenly shown in schedule of property and ad interim injunction obtained on said basis - Amendment sought by plaintiff will introduce a fresh cause of action - Defendant will suffer irreparable loss by proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint - Appeal lies thereagainst - However, when application is dismissed, it is Revision which lies against such an order - Petition under Article 227 against such an order is not maintainable...........
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..........
