Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-filing of written statement - Filing of an application U.O.7.R.11 CPC does not mean that there is an automatic stay for filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-filing of written statement within 90 days - Defendant proceeded ex parte - There is absolutely no ground for setting aside ex parte decree - Application dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of repayment of loan, raised in written statement, not controverted by filing replication - Does not amount to admission on the part of plaintiff with respect to repayment of loan - Finding can be recorded by Court only when admission is unequivocal and unambiguous - Judgment cannot be passed on the basis of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Provision of O.8.R.1 CPC is directory in nature and filing of written statement beyond 90 days should be allowed to avoid extreme hardship and not in routine manner...........
Suit for possession -- Suit for possession and mesne profits - Will - Title documents coupled with father's Will in favour of plaintiff prove that he had undisputed title and ownership of suit property - Even without proof of Will, title of plaintiff was proved by Patta and construction evidences - Only permissive possession was given to defendant - Moreover, defendant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea U.O.7.R.11 CPC can be raised at any relevant time and even before filing of written statement...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filed after two and a half years of framing of issues - Plaintiff's evidence was still being recorded by trial Court, when counter claim was filed - Cause of action on the basis of which counter claim was filed accrued before filing of written statement - No serious injustice or irreparable loss would be..........
