Civil Procedure Code, 1908, Order 6, Rule 1, 17, Civil Procedure Code, 1908, Order 9, Rule 8 -- Replication - Whether pleading? - Once permission is given U.O.9.R.8 to file subsequent pleading then this pleading is a pleading within the meaning of O.6.R.1 as well as O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 16, Rule 1 -- Production of additional documents - Sought at the stage when plaintiff had closed its evidence in affirmative and prior to the defendant's witnesses having filed their affidavits by way of evidence - Party seeking to produce the documents must satisfy the Court that the said..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of one day of the date fixed lastly for filing written statement - One of the defendants was not available for signing the written statement - This cannot be allowed to frustrate a legitimate claim and justice cannot be allowed to be defeated especially when the Court has power to extend the time..........
Court Fees Act, 1870, Section 7(1)(c), 25(d)(ii), Civil Procedure Code, 1908, Order 14, Rule 1 -- Court fee - Issue as to - Suit for accounts - Relief not capable of valuation as such relief valued at Rs.1, 000/- and Court fee of Rs.20/- paid thereon - Issue framed as to 'Whether the Court fee paid by the plaintiff is correct or not' - Held, issue as framed is not..........
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Money suit before Family Court - Can be decided on basis of evidence adduced - Defendant appeared through advocate or power of attorney holder - For non appearance of defendant in person he cannot be declared ex parte...........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Plea - Abandonment - Suit for permanent injunction - Plea as to non joinder of necessary parties - Evidence not led on that point - Suit proceeded with consent of defendant who invited finding without objection - Held, it amounts to abandonment and plea of misjoinder cannot be raised by defendant for the first..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Filing of beyond the period of 90 days - Provisions of O.8 R.1 not mantadory but directory - Court has power and jurisdiction to grant permission to defendant to file written statement even beyond period of 90 days. Shaikh Salim Haji Abdul Khayumsab's case relied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Prospective vendee is entitled to protect his possession in part performance of the agreement to sell...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1, 5(2) -- Written statement - Permission to file after rejection of earlier applications for adjournment/time to file written statement can be granted u/s 151 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court can grant permission to file written statement after expiry of 90 days - Provision is directory and not mandatory - Nature of provision is procedural...........
