Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or amend his pleadings in such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After filing of written statement it came to the knowledge of plaintiff about execution of gift deed of some part of the property for which plaintiff sought amendment of plaint that execution of gift of part of the property was without legal authority in view of family settlement - Amendment necessary..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of document - Requirements for applying provision of O.11.R.14 CPC are two fold: (i) Order can be passed under said provision at any time during pendency of suit; (ii) production can be ordered by any party to suit upon oath of such documents in his possession or power i.e document ordered should be in possession..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- O.11.R.14 CPC cannot be brushed aside on any other ground except where case falls under exception of privilege category in terms of Ss.122, 123, 124 of Evidence Act - Even otherwise said provision is confined to production of documents which relate to any fact in issue or relevant fact...........
Civil Procedure Code, 1908, Order 20, Rule 16, Civil Procedure Code, 1908, Order 11, Rule 14 -- O.20.R.16 CPC and O.11.R.14 CPC, operate in different field for which framing of preliminary decree is sine qua non for establishing fact in issue...........
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, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement, beyond prescribed period, can be granted by Court in exceptional circumstances and due to reasons beyond control of defendant - But extension is not automatic - Prayer for seeking extension to file written statement has to be made in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
