Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs sought to change genealogy of joint family of their ancestors on the ground that they were not aware of same at the time of filing of suit - Said contention of plaintiffs is not believable and they must be vigilant to describe correct genealogy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If amendment sought affects rights of defendants, it cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court at the stage of considering application U.O.7.R.11 CPC is not concerned with correctness of averments, except to state that plaintiff has to discharge the burden of proving his case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If statements in plaint are taken to be true, it cannot be said that it does not disclose a cause of action and plaint shall be rejected - This is a matter of trial, result of which would depend upon evidence adduced by plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contentious issues - Can only be ascertained after parties lead evidence - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Rejection of plaint - Defendant cannot ordinarily insist upon production of documents as a pre-condition to Court's power to consider an application U.O.7.R.11 CPC...........
