Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within extended period of 120 days - Defendant forfeits his right to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written settlement - Non filing - Court can make such order as it may deem fit in absence of any written statement from a party...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Permission declined - Simple denial of facts of plaint - No new/additional facts asserted in written statement - Whatever has been stated by defendant does not call for any rejoinder/replication - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non-filing - O.8.R.10 CPC does not mandate Court to decree suit for no, filing of written statement, but gives it discretion either to pronounce judgment against defendant or to make such order in relation to suit as it thinks fit...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - No ground disclosed to condone delay - Extension of time will be allowed in exceptional circumstances occasioned by reasons beyond control of defendant - In absence of any explanation, no illegality in impugned order of Courts below in declining to..........
Negotiable Instruments Act, 1881, Section 4, 87, Civil Procedure Code, 1908, Order 8, Rule 1 -- Promissory note - Filled up in two separate inks - Amount of Rs.35,000/- also filled up in two separate inks - Plea that this aspect not stated in the written statement - Plaintiff in the first instance should have stated in the plaint the reason behind this aspect - Suppressing..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Commercial dispute - Defendant filed its written statement within 120 days of receipt of summons - He cannot be prohibited from filing counter claim only because it failed to raise same in written statement - Defendant thus, entitled to raise its counter claim only in respect of cause of action limited by..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of replication - Does not amount to deemed admission of fact in written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
