Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Leave of Court is necessary - Leave not to be granted for mere asking - Whoever seeks to submit documents subsequent to filing of suit, is under a duty to explain why the documents could not be filed when plaint was presented - Court to pass a reasoned order - Order allowing late production..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Appellate stage - Permissibility - Suit was instituted by plaintiff/petitioner on the sole basis of title deed - After loosing the case from the trial Court, she moved amendment application in the pending appeal - By way of amendment plaintiff/petitioner, on the ground of adverse possession, claimed title..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Ejectment suit - Amendment sought to be incorporated is not the subject matter of suit and has no relevance at all - For that purpose, plaintiff is required to file separate proceeding under provisions of S.6 of the Specific Relief Act - Held, amendment application rightly disallowed by trial Court...........
Civil Procedure Code, 1908, Order 6 -- Proviso - Plaint - Amendment - Sought after commencement of trial - It cannot be said that plaintiff could not seek proposed amendment of plaint before commencement of trial even if plaintiff had exercised due diligence - Held, proposed amendment cannot be allowed in view of proviso to O.6.R.17 CPC - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought clarificatory in nature and would aid in deciding lis between parties - Held, amendment of written statement stands on different footing than amendment of plaint - Alternative pleas can be taken by defendant in written statement - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Must deal specifically with each allegation of fact in the plaint and when the defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be admitted and in such an event the..........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Averments therein - Held, written statement must deal specifically with each allegation of fact in plaint and when defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be..........
Civil Procedure Code, 1908, Order 6 -- Plaint - Amendment - Written statement to the amended plaint - To be normally confined to the portion of statement in plaint that stands amended - In view of the pendency of the instant case for more than two decades plaintiff given right to file rejoinder to the amended written statement, in case plaintiff feels aggrieved in any way..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application has to be decided on the basis of averments in the plaint - Pleas taken by defendant in the written statement are irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint to present it before proper Court - It is appeal and not revision against this order which is maintainable...........
