Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A defendant who has not filed written statement but has adopted written statement filed by another defendant has no right to seek amendment of written statement not filed by him...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An individual plaintiff or an individual defendant cannot seek to amend plaint or written statement filed jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In an application filed U.O.7.R.11 CPC, Court cannot consider the contentions raised in written statement - If plaint discloses a cause of action, Court cannot reject it - If a plain reading of plaint it is found that suit is vexatious and meritless, it can be rejected - Averments in the plaint must be..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of LRs of deceased defendant - Where there is no need of moving a substitution application of bringing on record heirs and LRs of a defendant who had not filed his written statement or contested the suit, suit cannot abate for non-bringing of LRs of defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - By way of amendment Memorandum of Partition (Panchnama) is being sought to be challenged - Said Panchnama has become time barred considering knowledge of plaintiff - Written statement has been filed in the year 2009 and thereafter, for more than 12 years petitioner did not take any steps..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed within time - Denying a party opportunity to place their defence on record risks compromising the very foundation of a fair adjudication and may result in erroneous or one-sided findings - Moreover, such delay could have been addressed through imposition of appropriate costs -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
