Civil Procedure Code, 1908, Section 153, Order 6, Rule 18 -- Correction of decree - Decree prepared in the name of dead plaintiff no.1 - Said mistake was noticed by appellate Court while going through record of Court - Defendant did not raise said issue as one of grounds while assailing judgment and decree passed by original Court - He therefore, cannot be permitted to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Rejection of plaint - Annulment of sale deed - Plaintiff non executant of sale deed in question and not in possession - Plaintiff is required to affix ad valorem court fee as per value of property mentioned in sale deed - Plaintiff granted opportunity to affix ad valorem court fee..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Extension of time to file amended plaint - Amendment of plaint allowed - Amendment not carried out in plaint, in time - No prejudice likely to be caused to defendant if extension to file amended plaint is granted - Law permits and empowers Court to extend time - Order allowing extension of time upheld but order in so far..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Plaintiff having right to file another suit on the basis of amendment sought - No reason not to allow amendment...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - O.14.R.5 CPC empowers Court to frame an issue not only on basis of plaint and written statement but also on basis of material before it after examination U.O.10.R.2 CPC and after hearing parties and their pleaders and thereupon proceed to frame and record issue on which right decision of case appears to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prayer made in plaint in conflict with amendment sought - Both in conflict with each other - Nature and character of suit will alter, if amendment is allowed - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party on the basis of some assertions in plaint against them - However, no relief claimed against them - Plaintiff directed to delete such assertions - Order allowing impleadment set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit should not normally be dismissed on technicality just because the plaint is not signed by competent person and that too without giving sufficient opportunity to rectify error or to allow party to lead evidence to prove the same...........
