Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Where the defendant fails to submit the relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take such documents on record...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Defendants neither in their application filed U.O.8.R.1-A(3) CPC r/w S.151 CPC before trial Court explained that how such documents are relevant for adjudication of issue nor they have placed those documents on record before this Court so that same could be examined as in..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Death of plaintiff - L.R's impleaded - L.R's acquire the character of defendants as against the counter claim - There is no need to implead them once again separately as counter claim defendants...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction suit - Tenant sought production of additional documents i.e site plan of disputed premises - However, said documents is of no relevance especially when rent petition has been filed on the ground of arrears of rent and bona fide requirement - Moreover, there is no whisper that despite..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC in non commercial suits is discretionary and not mandatory - Defendant permitted to file written statement within one week from date of order subject to payment of Rs.40,000/- as costs...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim is virtually a plaint - Plaint which falls within teeth of conditions laid down U.O.7.R.11 CPC is liable to be rejected at the threshold for which plaint allegations alone are required to be considered and nothing else...........
