Today CPC Suriyanarayanan

Today CPC Suriyanarayanan Very happy new year to all members 💐💐💐
Section 100
2010(1) SCJ 801

*Bhag Singh vs Jaskirat Singh & others *

Plea that high court dismissed second appeal without going into construction and genuineness of two Will- Held, there is substantial question of law in the controversy regarding Will and High court directed to consider

Order 6 rule 17; order 8 rule 9

2010(1) SCJ 919

*Olympic Industries vs Mulla Hussainy Bhai Mulla Akberally & others *

Mere delay is not sufficient to refuse to allow amendment of pleading or filing additional counter statement , when no prejudice is caused to opposite parties- court should be more generous in allowing counter statement than in the case of plaintiff

Order 7 rule 11

2010(1) SCJ 697

*Dwarika Prasad vs Rameshwar Dayal Khendel Wal & others *

Application for rejection of plaint for non-disclosure of cause of action rejected by trial court- Revision dismissed- Supreme Court granted stay of proceeding under section 10- trial court noticed suit filed earlier is in trial stage and application filed only to delay proceeding of that suit- held, proper