Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint At the time of disposal of application U.O.7.R.11 CPC, only averments made in the plaint are to be seen and defence of defendants cannot be considered...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of relinquishment deed and permanent injunction - Concurrent findings of Courts below dismissing suit of plaintiff is on record - Plaintiff failed to establish specific perversity or illegality in the findings recorded by Court below - Both the Courts considered the grounds and evidence of..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Plaintiff contended that one acre of land settled in his favour by his father and it was encroached by defendant - However, plaintiff failed to measure and identify the one acre of land gifted to him under settlement deed - Without doing the same, filing of suit by plaintiff by..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money based on undertaking given by defendant - Defendant had undertaken to repay the monies received by it, if he is not successful in the litigation in United States - Having given such an undertaking, defendant is obliged to prosecute the suit to its logical conclusion - However, defendant did not..........
Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
Evidence Act, 1872, Section 3 -- Fact to be proved - While inquiring into whether a fact is proved, sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability...........
