Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Objection based on res judicata generally arises from pleadings contained in written statement which ordinarily cannot be considered at the stage of deciding application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Application filed to receive original Will and mark the same as exhibit - Though there is a recital about Will in written statement with regard to said Will, there is no hindrance to receive the same - But, in view of fact that application for amendment of counter affidavit filed by defendant was..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional Written Statement sought to be filed by defendant is belated and nothing but reiteration of original Written Statement with one new plea which is not only inconsistent, but would not be helpful to case of defendant in any manner - Defendant cannot seek to raise a new plea inconsistent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - CPC does not permit a defendant to indefinitely defer filing a written statement merely because other defendants have not yet filed theirs...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone have to be taken into consideration along with documents filed with plaint - Pleadings of written statement or documents filed by defendant cannot be taken into consideration...........
Special Marriage Act, 1954, Section 27 -- Divorce decree - Wife neither filed any written statement nor led any evidence - Trial Court granted divorce in favour of husband without analyzing the evidence led by husband - Trial Court disposed of the case in a causal and mechanical manner - There are no reasons of whatever nature assigned while decreeing said proceeding -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Non-commercial suit - Provision of O.8.R.1 CPC is directory in nature and not mandatory in case of non-commercial suit...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
