3/6, 17:53] Cpc G. Surya Narayanan Mhc Advt: 2012(4) SCJ 839

[3/6, 17:53] Cpc G. Surya Narayanan Mhc Advt: 2012(4) SCJ 839

Rattan Bai vs Ram Das & others

Section 151

Plaintiff seeking withdrawal of suit by application- later filing application to recall statements filed by them for withdrawal- trial court permitted withdrawal and revision dismissed – fact situation does not permit withdrawal of statements made- advocate directed to be examined and if conduct of plaintiff amounts to abuse of court to take action against them

Order 6 rule 2

2012(4) SCJ 115

Jitu Patnaik vs Sanatan Mohakud & others

Material facts imperative for election petition must be concise statement- All basic and primary facts proved for existence of cause of action are material facts- bare allegations never make out material facts- material facts afford basis for proof of allegations
[3/7, 13:14] Cpc G. Surya Narayanan Mhc Advt: Order 6 rule 2 , 17 & order 1 rule 1
Ramesh Kumar Agarwal Vs. Rajmala Exorts Pvt. Ltd., & others
2012(4) SCJ 724
Amendment to plaint to detail payment of consideration not stated in the original plaint- High Court permitted amendment and impleadment of plaintiff 2 and 3 in suit for specific performance – Liberal approach should be given where other side can be compensated by costs and to avoid multiplicity of proceedings – cause of action not getting altered by amendment – Not barred by limitation

Order 8 rule 1
2012(4) SCJ 991
C.N.Ramappa Gowda Vs. C.C.Chandregowda (d) & Lrs and another
Suit for partition decreed- plaintiff failed to lead oral or document evidence in proof of the case and defendant failed to file written statement- blind fold reliance on affidavit amounts to punitive treatment of passing decree which is of penal nature – Even if facts are admitted, decree could be hardly passed without proving pleaded facts – When plaint contains disputed questions of fact, unsafe for court to pass decree without directing plaintiff to prove controversial facts – decree invalid