Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed amendment of written statement - Pleas to be allowed - Analysed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed amendment of written statement - Court would examine whether such pleas sought to be raised by way of amendment in the written statement are in any way inconsistent with the previous pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or inconsistent with the original..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Even a friend of the plaintiff can file an application seeking amendment of the plaint so long as the plaintiff would not object for the said course...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff can file a fresh suit by paying Court fee again without taking return of the earlier plaint - The object of returning plaint is to enable litigant to represent same plaint in appropriate Court without..........
Civil Procedure Code, 1908, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff instead of taking return of the plaint filed a fresh suit - Fresh suit is not barred - Earlier suit cannot be deemed to be pending - Moreoso a Court..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1 -- Court having no territorial jurisdiction - Plaint ordered to be returned for presentation before the proper Court - Instead of taking return of the plaint and presenting the same in the appropriate Court plaintiff filed second suit before proper Court - Fresh suit without taking..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no territorial jurisdiction - Proper course is to return the plaint for its presentation to the Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission, limitation as to - Admission by a party may be withdrawn or may be explained away but such amendment should not be destructive of original case pleaded by the party and must not cause serious prejudice to rights of other party in taking that party by surprise...........
