Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Correction of facts - Amendment sought to plead correct facts - Amendment sought at initial stage of suit - Held, amendment should be allowed on payment of cost - Plaintiff-petitioner permitted to make proposed amendment in plaint subject to payment of Rs.10,000/- as cost precedent - Revision allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 17, Rule 3 -- Dismissal of suit U ,O. 17 ,R. 3 - Order 9 CPC does not apply to suit which came for hearing in which plaintiff appears and fails to carry out directions of the Court or otherwise prosecute the suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Dispute regarding contract between parties - Defendant guarantor for repayment of amount due and payable to plaintiff - Two triable issues raised as to whether letter written by defendant to plaintiff was guarantee and whether same encompasses claims against other defendants - Held,..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of the plaint U.O.7.R.10 of the Code, what is to be looked into is the plaint and the averments therein - At the same time, it is also necessary to read the plaint in a meaningful manner to find out the real intention behind the suit...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Postponement of matter till final decision of the suit - Held, Court should decide the question of striking off defence as a preliminary issue before allowing the parties to adduce the evidence on merits of the case - Not deciding such question as preliminary issue is not justified...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit when expressly barred for any particular relief the defendants should not be driven to trial in that behalf...........
Civil Procedure Code, 1908, Section 97, Order 1, Rule 10(2) -- Partition suit - Preliminary decree - Impleadment of new parties - Power of court - Held, it is not the law that addition of party, after preliminary decree in a partition suit has been passed, can never be allowed - Court may, having regard to exceptional facts and circumstances, allow addition of a party even..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Held, in a suit for specific performance, only the issues relating to specific performance i.e., whether defendant executed agreement/contract and whether such contract should be specifically enforced or not would arise - Scope of the suit for specific performance cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff was ordered to pay ad valorem court fees on the market value of the entire shopping complex - By amendment plaintiff has confined the subject matter of suit to the tenanted shop only - Held, plaintiff has offered to pay ad valorem court fees on the valuation of the said shop - Application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - Validity - Amendment sought to be made by plaintiff in suit to the effect that earlier he had approached High Court by filing writ petition claiming same relief and its withdrawal was not mentioned in suit filed which otherwise required to be mentioned - It is not borne out..........
