Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents which have already been placed on record with written statement - No new document is sought to be brought on record by filing application U.O.8.R.1(3) CPC and thus, no prejudice is caused to plaintiffs in such circumstances - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Defendant can be permitted to file documents which were not filed along with written statement with leave of Court - Court is having discretion to grant leave to defendant - However, discretion conferred upon Court to grant such leave is to be exercised judiciously...........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Where the defendant fails to submit the relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take such documents on record...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Defendants neither in their application filed U.O.8.R.1-A(3) CPC r/w S.151 CPC before trial Court explained that how such documents are relevant for adjudication of issue nor they have placed those documents on record before this Court so that same could be examined as in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession and permanent injunction - Suit filed only against defendants and one of defendant is wife of applicant who has filed detailed written statement for protection of her rights as well as rights of applicant - Applicant despite knowing about filing of suit since beginning and being..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Commercial Courts Act, 2015, Section 15, 16 -- Written statement - Applicability of the Act - Time schedule available for submitting written statement under the Act may not have any application pertaining to a written statement submitted before regular civil Court before transfer...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
