Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Averment in plaint not admitted and it was stated that it is for plaintiff to prove such allegations - It means that averment has been admitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Order passed on an application u/s 92 CPC is not required to be a speaking order though it should disclose application of mind...........
Civil Procedure Code, 1908, Section 92, 115 -- Grant of leave to file suit u/s 92 CPC - Revision - Maintainability - Order granting leave u/s 92 CPC does not decide any rights of parties and is made at the stage before suit comes into being - It is thus, open to petitioner to apply for revocation of leave of Court as granted by impugned order - But revision against such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is recorded tenure holder in possession of disputed property - Defendant has failed to prove that disputed land was acquired by him - Defendant has further admitted possession of plaintiff on disputed property - Appellate Court rightly held that plaintiff is owner of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent - Condonation of delay - Court has no power to condone delay in depositing rent U.O.15.R.5 CPC beyond ten days in the case of deposit of accrued rent due on first date of hearing or beyond one week in case of rent that accrues from month to month...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent U.O.15.R.5 CPC - Adjustment of amount deposited u/s 30(2) of U.P Act - Deposit made u/s 30(2) of U.P Act by tenant had not been held to be validly made in Misc. case - Finding now operates as res judicata - Part of prayer in application now made which asks for adjustment of amount deposited u/s 30(2)..........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Plaintiff aged about 70 years is suffering from different co-morbidities - Plea that infirmity or sickness of said witness has not been pleaded and/or proved as such commission cannot be issued to record evidence of said witness, not tenable - Court below to avoid..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of application by first appellate Court - Second appeal filed against such order and not against order dismissing first appeal - Order dismissing application for condonation of delay is not a decree and in the true sense it is only a formal order - Second appeal..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - When convenience of wife and husband is considered, convenience of wife must prevail, more so, when wife has minor children with her...........
