Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice or prejudice to the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for recovery of possession and arrears of rent - Lis only between plaintiff and defendant - Plaint nowhere contains any submissions or allegations against petitioner nor any relief has been prayed for against her - Petitioner sought his impleadment on the basis of ownership over suit property -..........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - If parties to suit failed or omitted to state certain facts or certain facts came to their knowledge at a later point of time in such circumstances, Court can grant leave U.O.8.R.9 CPC to file subsequent pleadings...........
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 pleadings - Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms as may be just...........
