Showing : 11-20 of 2140 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleadings - Fraud and misrepresentation - Vague or general plea can never serve purpose of O.6.R.4 CPC - Party pleading is required to plead precise nature of influence exercised, manner of use of influence and unfair advantage obtained by other...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to the amended plaint - Defendants right to file written statement was closed - He has no right to file written statement to the amended plaint - As no written statement was filed as such defendant has no right to filed amended written statement...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of divorce petition - Amendment sought to incorporate additional ground of adultery - Divorce petition on the ground of cruelty already sought by husband - If some facts relating to seeking divorce additionally come into knowledge of husband, same can always be brought on record by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17-- Unamended pleadings - Do not loose its significance after amendment of pleadings - Original pleadings and statements given in evidence before amendment of pleadings has to be looked into and considered by Courts while deciding the case - Admission made in the unamended written statement can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17-- Unamended pleadings - Admission made in unamended written statement can be used by Court unless it has been successfully explained to be erroneous in subsequent pleadings and evidence...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1-- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these three fundamental..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Mistake of lawyer - Not a ground to allow amendment...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - Counter claim time barred - Counter claim which on the face of record is time barred has to be rejected, whether cause of action accrued before filing of suit or after filing of suit - Delayed counter claim must be discouraged...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should be rejected -..........

Showing : 11-20 of 2140 Results