Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - O.8.R.1 CPC is not mandatory in non-commercial case - Even in an exceptional case it is required on the part of Court to record findings for accepting written submission beyond limitation...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant did not file any authentic document which contained his admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signature - Application..........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
