Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of original sale deed - Suit for cancellation of registered sale deed - Plaintiff is under an obligation to file original document, in case he wants to rely on such document in further proceedings of suit - If plaintiff does not file original document, then latter portion of said Rule shall come into operation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that..........
Civil Procedure Code, 1908, Order 7, Rule 11, Legal Services Authorities Act, 1987, Section 22(C)(4) -- Rejection of plaint - Challenge to order obtained from permanent Lok Adalat on the plea that the same is obtained by practice of fraud and impersonation and the same is null and void - It is civil suit and not writ petition which is maintainable - Provision of S.22(C)(4)..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Once suit amount claimed in suit is not the amount which directly arises in terms of liquidated amount stated in written document or a dishonoured bill of exchange or a cheque, then suit would not be maintainable U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by limitation and thus,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant admitted part of the amount claimed - Said amount would partake the character of `admitted amount' as indicated in O.37.R.3(5) CPC - Leave to defend allowed to defendant subject to condition that he shall deposit admitted amount in Court...........
