Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........
Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Not entitled to plead on behalf of principal but he can only lead evidence or settle pleading in the form of a plaint or written statement or petition...........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Proceedings filed by a party alone can be returned to him - Proceedings filed by another party cannot be returned to him - Written statement filed cannot be returned to plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Want of jurisdiction - Court shall return the vakalath and documents filed by plaintiff when plaint is returned for want of jurisdiction - However, it shall not give plaintiff written statement or documents or other proceedings filed by other party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to amended plaint - When plaintiff amends his pleadings defendant is entitled to file an additional written statement unless the nature of amendment does not require it - However, defendant cannot be allowed to withdraw the admission made in the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint for presentation to proper Court - If plaint presented in proper Court after its return is a new plaint, defendant has every right to file a new written statement even though he had filed a written statement in Court which returned the plaint - But it is not necessary for him to file a new written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parameters for allowing amendment of plaint and written statement are totally different...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional plaint - Subsequent to filing of written statement - Can only be filed when amendment of plaint is allowed and not otherwise...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
