Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within requisite period - Defence struck off - Case adjourned for summoning of remaining defendants - Petitioners accorded one opportunity to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication or additional written statement are both part of the pleadings included within the plaint and the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Necessary when new facts are stated in written statement which require to be replied by the plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - By accepting replication no new pleadings are being accepted but only the plaint is being supplemented in view of the new facts stated in the written statement...........
State Bank of India Officers Service Rules, Rule 68(2)(xix) - - Departmental enquiry - Defence representative not appointed by employee in spite of several opportunities - Written statement not filed - Objection as to non compliance of procedure raised before High Court could have been raised by the charged officer before the Inquiring Authority - Employee not co-operated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pursuant to some judgments - Judgments per se admissible - Amendment allowed keeping in view that evidence beyond pleadings is of no consequence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment by seeking relief of possession, during pendency of appeal, in a suit for permanent injunction - Defendant in written statement denied possession of plaintiff - Suit remained pending for eight years - Dismissal of suit as plaintiff found not in possession - Dismissal of application on ground of inordinate..........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Allegations of facts - If not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted against him...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Provision of O.8.R.1 CPC is directory in nature - It is within the discretion of Court to take on record the written statement filed belatedly - Delay of 30 days - Suit for specific performance - In the interest of justice, written statement, already filed allowed to be..........
