Amendment of Plaint -- Pending Application Challenging Subject-Matter Jurisdiction -- Jurisdiction issue to be decided first amendment application later
(i) Civil Procedure Code, 1908, O.6 R.17, O.7 R.10, O.7 R.11 -- Amendment of Plaint -- Pending Application Challenging Subject-Matter Jurisdiction -- Where an application for return or rejection of plaint raises the issue of subject-matter jurisdiction, it must be decided before the plaintiff’s application to amend the plaint -- Amendment applications, though ordinarily dealt with liberally, cannot be taken up ahead of a challenge going to the jurisdiction of the court itself. (ii) Civil Procedure Code, 1908, O.6 R.17 -- Subject-Matter Jurisdiction -- Amendment to Confer Jurisdiction -- Subject-matter jurisdiction goes to the root of the case and stands apart from territorial and pecuniary jurisdiction -- Court lacking inherent subject-matter jurisdiction cannot order amendment of the plaint to bring the suit within its jurisdiction -- Such an order would be a nullity, since the amendment alters the very nature of the dispute rather than curing a defect.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
