Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit for same cause of action - Inability to secure necessary evidence by plaintiff - Not the right ground to withdraw suit with liberty to file a fresh suit for same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit - Defendants claimed that they purchased the property from defendant No.9 - Failure on the part of defendant No.9 to disclose the details of property is not a sufficient ground to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit - Formal defect - Plaintiff failed to satisfy Court that there is a formal defect or she is having other sufficient grounds - More so, plaintiff filed the suit in the year 2004 and application for withdrawal of suit sought after a period of 7 years - Provisions of..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Civil Procedure Code, 1908, Order 1, Rule 8, Explanation -- Representative suit - To establish sameness of interest, it is not necessary to establish sameness of cause of action...........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Dismissal of application for injunction in a prior suit instituted by plaintiff - High Court granted injunction by pointing out that it was only a suit for permanent injunction and that dismissal of application for injunction without recording any finding relating to possession was of no consequence -..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Omission to frame an issue does not vitiate trial where parties go to trial fully knowing rival case and lead evidence in support of their respective contentions and to refute contentions of other side...........
