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
[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
[3/9, 07:26] Cpc G. Surya Narayanan Mhc Advt: Order 43 rule 1(u) ; order 43 rule 23A
2012(4) SCJ 428
Jegannathan vs Raju Sigamani & another
Suit for declaration and permanent injunction, decreed for permanent injunction- appeal remanded to trial court- order of remand challenged and dismissed by high court- review therefrom dismissed- Appeal can be heard on the ground of second appeal- high court erred in not maintaining the appeal
Section 2(2), 2(14)
2012(5) SCJ 263
Sinnamani & another vs G. Vettivel & others
Final order passed in trust op cannot be construed as decree and it is only an order under the provision
