Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application has to be decided on the basis of averments in the plaint - Pleas taken by defendant in the written statement are irrelevant...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment of written statement sought by way of counter claim - Barred by limitation - Sought at a belated stage after evidence was over - It is beyond the scope of O.8.R.6-A CPC - Court below erred in law by ignoring to consider the relevant conditions in which such counter claim could have been set up -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Due diligence - Amendment in written statement is sought for at belated stage when evidence of parties was closed and the matter is kept for arguments - Held, term "due diligence" is specifically used in the Code so as to provide a test for determining whether to exercise the discretion in..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant filed reply to application for temporary injunction filed by plaintiff - Application to treat the reply as written statement to the main suit of permanent injunction - Rejection of - Legality - Held, trial Court had erred in rejecting the Application for treating the reply as written statement - Order passed on..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Extension of time - Provision of O.8.R.1 CPC is directory - However, time can be extended in exceptional hard cases and not in a routine manner and on the mere asking of the defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Matter is to be decided only on averments made in plaint - At this stage, pleas taken by defendant in written statement are wholly irrelevant...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Loss of original agreement not pleaded in the plaint even when agreement was lost before filing of suit - Plaintiff had placed on record attested photostat copy of the agreement and receipt and also copy of the DDR lodged by him regarding loss of agreement and the same were referred to by defendant No.1 in her written..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Existence and execution of original agreement admitted by Defendant No.1 in her written statement - Sufficient ground made out for permitting plaintiff to lead secondary evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Power of Court - Held, after the amendment of O.8.R.1 CPC an obligation is caste upon defendant to file WS within 30 days after service of summons on him - However, for reasons to be recorded in writing Court may extend the time up to 90 days for filing written statement - Provision of..........
