Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Written statement - Defence struck off due to non filing of written statement - Defendant had filed an application U.O.11.Rr.12, 14 CPC by stating that it was not possible for him to file effective written statement in the absence of supply of documents relied upon and..........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days by defendant due to sickness of his Counsel who moved out of State for his treatment - Defendant being a layman did not understand the nuances and technicalities of law and had relied upon the legal advice given to him - Defendant may suffer in case decree of damages of Rs.1 crore..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - No counterclaim can be raise by the defendants on a cause of action which has arisen subsequent to the filing of written statement in defence or before the time limited for delivering the defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Non-speaking and cryptic order passed by trial Court while striking off defence of defendant, as trial Court did not even record as to how much time was utilized by defendant beyond 90 days and why he could not file written statement without any justified..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents relied upon at the time of filing of written statement - Court can always permit production of documents at any stage, if it considers the same necessary for adjudication of the dispute between parties...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed at the time of filing written statement - Such documents relevant document and having a bearing on the controversy involved - Question as to admissibility or evidentiary value of said documents need not be considered at this stage - It is also not necessary to entertain any..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Defendant must specifically deal with each of the allegations of fact made in the plaint - Failure to make specific denial amounts to an admission...........
