Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Statutory provision of O.8.R.1-A(3) CPC provides a second opportunity to defendant to produce documents which ought to have been produced in the Court along with written statement subject to seeking leave of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of adjudicating application filed U.O.7.R.11 CPC, it is the plaint that has to be considered - Written statement or the stand taken by defendants cannot be looked into while deciding the issue with respect to rejection of plaint...........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - Written statement - Copy of complaint not supplied to appellant - Foreclosing right of appellant to file written statement set aside - Appellant permitted to file written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non-filing of a replication would not amount to admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - It is for defendants to explain as to why written statement is not filed within time - Court is not entitled to accept the written statement beyond 90 days without giving any sufficient explanation and without recording its findings as to why such a written statement is required to..........
