Specific Relief Act, 1963, Section 34 -- Suit for declaration without claiming further and necessary relief - Suit is normally liable to be dismissed - However, in the interest of justice an opportunity granted to the plaintiff to amend the suit...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Plaint averments are only to be considered for deciding an application U.O.7.Rr.10, 11 CPC - Defendant cannot take advantage of averments in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay - Condonation - Applicant not supported by an affidavit is of no consequence as it is only an irregularity which can be cured - Even an oral prayer for condonation of delay in filing the written statement can be made in the peculiar facts and circumstances of the case - Court had granted only 10 days..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11 -- `Cause of action' - Jurisdiction - Once integral or material part of cause of action accrues within the territorial jurisdiction of a Court, it cannot be said that that Court has no territorial jurisdiction to entertain and decide the suit...........
Civil Procedure Code, 1908, Order 7, Rule 1, Court Fees Act, 1870, Section 17(iv(c) -- Court fee - Depends upon the relief claimed - If in the garb of relief of injunction simplicitor an attempt is made to seek relief of injunction against recovery as well as enforcement of a concluded contract between the parties then Court fee is payable ad valorem on such an amount...........
