Civil Procedure Code, 1908, Order 8, Rule 16 -- Filing of counter claim - Rejection of - Validity - Plea that though counter-claim could not be allowed by way of amendment of written statement yet Court could not refuse to entertain counter-claim in this case particularly when the evidence has not so far commenced - Held, revision petition is disposed of with direction to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought clarificatory in nature and would aid in deciding lis between parties - Held, amendment of written statement stands on different footing than amendment of plaint - Alternative pleas can be taken by defendant in written statement - Amendment allowed...........
Civil Procedure Code, 1908, Order 6 -- Written statement - Amendment - Sought after commencement of trial to withdraw admissions made in the original written statement and to take a complete somersault - Cannot be allowed as it will cause great prejudice to the plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Must deal specifically with each allegation of fact in the plaint and when the defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be admitted and in such an event the..........
Limitation Act, 1963, Article 65 -- Adverse possession - First appellate Court has observed that suit is governed by Art. 65 of the Limitation Act under which limitation to file suit for possession of immovable property or interest therein, based on title, is 12 years - However, first appellate Court has ignored portion of Art. 65 which provides that the time from which..........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Averments therein - Held, written statement must deal specifically with each allegation of fact in plaint and when defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Initial burden discharged by promisee - Burden shifted to maker to prove that promissory note was not supported by valid consideration - Maker miserably failed to send reply to demand notice of plaintiff-promisee - Maker having denied his won documents and his own signatures found in..........
Civil Procedure Code, 1908, Order 6 -- Plaint - Amendment - Written statement to the amended plaint - To be normally confined to the portion of statement in plaint that stands amended - In view of the pendency of the instant case for more than two decades plaintiff given right to file rejoinder to the amended written statement, in case plaintiff feels aggrieved in any way..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed even subsequent to the filing of the written statement, subject to the condition that cause of action for filing the counter claim should have accrued before the filing of the written statement...........
