Representation of the Peoples Act, 1951, Section 86(7) -- Election petition - Election of Legislative Assembly - Time of Scrutiny - Objection as to - Challenge against nomination of respondent before High Court - Written statement filed after two years - Adjournment of matter again and again - As per S.86(7) of the Act, Court has to endeavour to dispose of an election..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing within time - Court can ask plaintiff to prove its case even when written statement is not filed when plaintiff is not able to make out a blemishless case in its favour entitling it to the relief prayed for in the suit - Court in special circumstances can also grant defendant time to file..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought referable to suit property and in context of dispute raised in suit - Plea of limitation and relief sought by way of amendment are matters to be examined by Court after parties lead evidence - Defendants are entitled to file their written statement and to raise all the available defences..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........
Civil Procedure Code, 1908, Order 8, Rule 1A(1), (3) -- Late production of documents - Permissibility - Leave of Court to file documents subsequent to filing written statement can be granted only on the basis of pleading by defendants that they had a valid reason for not filing said documents along with written statement - Whether such documents were registerable or not is..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended written statement - Has to be filed within time granted or within 14 days when time is not prescribed - If amended written statement not filed within the said stipulated period then defendant has to seek extension of time - In case no extension is obtained or granted, then defendant does not get any further..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in an appropriate case -..........
