Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - O.2.R.2 CPC cannot apply to an amendment which is sought on an existing suit - Plea of amendment being barred U.O.2.R.2 CPC is thus, misconceived and hence negatived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Constitution of India, 1950, Article 226 -- Writ of habeas corpus - Husband seeking to regain his wife - Corpus is a major and is residing with her parents of her own will and she has already given a statement to police authorities that she does not want to live along with petitioner No.2 - Writ petition is not maintainable as a matter of course, ignoring that marriage..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions cannot be decided at the time of considering an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction raised by defendant is a mixed question of law and facts - Trial Court already framed issue to decide jurisdiction of Court to try dispute between parties - For the purpose of said issue, both the parties would have opportunity to lead evidence if necessary - Moreover, disputed..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
