Civil Procedure Code, 1908, Order 2, Rule 2 -- Plaint returned for presentation in proper court - Inclusion of interest from the time it was filed in first court till represented in the proper court - No bar U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint U/O.7.R.11 CPC only amounts to a decree and rejection of plaint on other grounds is not a decree...........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Plaint amended Court claim in written statement cannot be disregarded...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Object - To decide the rights of parties and not to punish for their mistakes - Amendment based on facts already disclosed in the plaint - Amendment sought is not based on new cause of action - Amendment allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Substitution of a new suit in place of old one is not envisaged within the four corners of the CPC. Object of O.1.R.10 CPC - The claim against the sole original defendant having failed to grant the relief sought for now would amount to substituting a new suit in place of the old one and to direct the trial of the new suit..........
Civil Procedure Code, 1908, Section 92 -- Factors to be considered whether the suit falls within the ambit of S.92 - It is no doubt, true that it is only the allegations n the plaint that should be looked into in the first instance to see whether the suit falls within the ambit of S.92 - But if after evidence is taken, it is found that the breach of trust alleged has not..........
Civil Procedure Code, 1908, Section 92 -- Scope of S.92 - A suit under S.92 is a suit of a special nature which presupposes the existence of a public trust of a religious or charitable character. Such a suit can proceed only on the allegation that there was a breach of such trust or that the direction of the Court is necessary for the administration of the trust and the..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement not filed - It would not amount to admission of all the facts pleaded in the plaint...........
Civil Procedure Code, 1908, Section 34 -- Suit for partnership accounts - Interest form date of plaint to the date of decree can be granted and can be higher than prescribed in S.34 CPC...........
Civil Procedure Code, 1908, Section 15 -- Value of the suit for the purposes of court fee and jurisdiction - To be determined on the basis of allegations in the plaint - Defence in written statement has no relevance for such determination...........
