Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Mere failure or neglect of a defendant to file written statement, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Defendant proceeded ex parte - Thereafter suit transferred to Commercial Court - As it is a suit for damages for alleged loss suffered by defendant, on account of supply of defective machinery, hence defendant cannot be deprived of an opportunity to contest the claim on..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Presented after a long time of filing of written statement - Until that date, issues had not been framed in the suit - Counter claim could not have been removed out of consideration merely for this reason...........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Evidence Act, 1872, Section 32 -- Dying declaration - A dying declaration, oral or written, before it could be relied upon, must pass a test of reliability as it is a statement made in absence of accused and there is no opportunity to accused even to put it through fire of cross examination to test its genuinity or veracity - Court has to subject it to close scrutiny -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - On setting aside ex parte decree parties are relegated to the position as they were at the time when exparte judgment and decree was passed - Defendant who had not filed written statement inspite of availing number of opportunities shall not be permitted to file written statement but they..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
