Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - CPC does not permit a defendant to indefinitely defer filing a written statement merely because other defendants have not yet filed theirs...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - Once it is concluded that initial proceedings were held before a Court which lacked jurisdiction, written statement and other evidence that may have been led by parties before said Court become non-est in the eyes of law and defendants are within their right to file their..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If the facts put up in a factual statement in plaint are presenting or introducing a cause of action, then a civil Court has no discretion reserved to it to reject such a plaint by borrowing outside reference, howsoever persuasive it may be, from defendant's end to discredit a plaint and factual..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone have to be taken into consideration along with documents filed with plaint - Pleadings of written statement or documents filed by defendant cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Tenancy is admitted by defendant in written statement without any dispute - There is thus, no scope to entertain impleadment application to implead subsequent lessees/transferees with limited rights under lease...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
