Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Allegations in plaint must be dealt with para wise - There must be specific admission and denial - General or evasive denial is not sufficient - Preliminary objections must be taken in a separate set of paragraphs - Additional pleadings can also be raised in the written statement, if required...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed pleadings shows that they are based upon subsequent events and appear to be just and necessary for fair and complete adjudication of all disputes raised between parties and deserves to be allowed - Said proposed pleading is not required to be proved by evidence at this stage which..........
Will -- Proof - Will written and signed by testator and two attesting witnesses proved that Will as signed in their presence and subsequently they had also signed the same as attesting witnesses - Sufficient to prove execution of Will...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision enumerated U.O.8.R.1 CPC is directory and not mandatory and power of Court to provide an extension to scheduled time for filing statement is not completely taken away...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Written statement shall be filed within the period of 120 days from the day of service of summons - It is only mandatorily applied to commercial suits and not in non-commercial suits, in latter it acts as a directory provision...........
Consumer Protection Act, 1986, Section 23 -- Written contract - Once the parties committed themselves to a written contract whereby they reduced the terms and conditions agreed upon by them to writing, same would be binding upon them - It was not for the NCDRC to rewrite the terms and conditions of contract between the parties and apply its own subjective criteria to..........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
