Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within time - Condonation of delay - Right to file written statement was closed due to non-filing of written statement within time period - Application for opening of right to file written statement was filed after more than 4 years along with application for..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
