Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Cause of action - Court has to confine itself to averments in plaint and documents relied upon by plaintiff - Court has to see whether real cause of action has been set out in plaint or something purely illusory has been stated...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Suit for specific performance - Defendant No.1 agreed to sell suit property to plaintiff for consideration - Plaintiff averred that he was informed by defendant No.1 that he has entered into developers agreement with defendant No.2 for developing suit property and has paid sum of Rs.60 lakhs -..........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record subsequent facts and developments, would be in consonance with fair play - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint to be presented before proper Court - Plaint represented - Suit is to be deemed to be filed when represented in the proper court...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Section 151 -- Petition U.O.39.R.2-A CPC - Rejection sought on the ground that main suit dismissed as withdrawn - Plaint can only be rejected when it does not disclose cause of action and not when cause of action no more survives - With the subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Restraining defendant from dispossessing plaintiff from suit premises - Amendment sought that rate of rent of room was agreed between defendant and plaintiff - Trial Court is only to determine on appreciation of evidence as to in which capacity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
