Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Waiver of objection - No urgent or immediate relief prayed or granted - No specific objection by State about the maintainability in the written statement - State deemed to have waived off the objection...........
Civil Procedure Code, 1908, Order 41,, Rule 27 -- Additional evidence - Oral family settlement subsequently reduced into writing - Plea of oral settlement taken in written statement before Trial Court - Whether oral settlement reduced in writing - Question of fact - Can be decided only after leading evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed - Written statement to amended plaint - Plaintiff allowed amendment of plaint to correct typographical mistakes - Defendant in filing written statement to amended plaint changed the nature of their defence - Trial Court declined such amendment - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 1-A -- Production of documents at a stage later than presentation of written statement - No absolute bar - If a document is produced at any later stage then leave of Court is required...........
Civil Procedure Code, 1908, Order 8, Rule 1-A -- Production of documents at a stage later than presentation of written statement - Only on ground of delay documentary evidence cannot be shut off - Leave to produce document to be granted after considering the relevancy of the document in the background of the pleadings and controversy involved...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Wife leading evidence on a point which was not pleaded in her written statement - Proof which is beyond pleadings cannot be taken into consideration and hence rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not allowed to be filed since rejoinder did not accompany with application seeking permission to file rejoinder - Order set aside - Plaintiff allowed to file rejoinder both to written statement as well as reply to application to temporary injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Suit for specific performance on basis of oral agreement - Cheque issued by vendee for Rs.5 lacs - Amendment in written statement sought that cheque was issued as security for loan taken by vendee from vendor - Amendment does not change nature of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - By way of amendment in written statement - If suit for recovery of money could not be filed on the date of seeking amendment then the same relief by way of counter claim is barred by limitation...........
