Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant may file counter clam as against claim of plaintiff before defendant delivers his defence or before time limited for delivering his defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Suit filed in the year 2008 and matter was adjourned on several occasions - Merely because documents are not available at the time of petitioner's evidence, not sufficient to grant leave to petitioner to file said documents after lapse of long time without necessary details like when and how..........
Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - Termed as irrevocable power of attorney but it is not in its strict sense irrevocable power of attorney - Principal is not barred to file execution petition himself without relying on his agent i.e. power of attorney holder...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - When additional written statement is not mutually destructive and admission made in the written statement are kept in tact and defendant want to explain their existing ground, application to seek leave to file additional written statement may be considered liberally...........
Co-owners -- Eviction suit - One of co-owners can file a suit for eviction of a tenant in the property generally owned by co-owners on the basis of doctrine of agency and that consent of other co-owners is assumed as taken unless it is shown that other co-owners were not agreeable to evict tenant...........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 83(1)(c) -- Rejection of election petition - Plea of non-compliance of S.83 of Representation of People Act - Election petition contained an affidavit and also a verification - There is thus, substantial compliance of S.83 of Representation of People Act - Moreover, requirement..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1, 2 -- Fresh suit on the same cause of action - Such right cannot be granted while drawing a decree - Liberty to file fresh suit can be granted only U.O.23.Rr.1,2 CPC when an application is filed seeking permission to withdraw the suit...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents in question were very much available with defendants at the time of filing of written statement, but they did not file the same and they want to show that they retained them as they were required for taking loan from banks or getting benefits from the Government but no material is..........
