Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing of written statement within prescribed period - Striking off defence - Provision of O.8.R.1 CPC is directory and not mandatory in nature - Order dismissing application for striking off defence of defendant, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to introduce plea that properties in dispute were purchased from income and sale of ancestral property - Trial already commenced - Earlier there is no mention regarding house in dispute as ancestral coparcenary property - In no way it can be said that this plea was not within knowledge..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 6 -- Application U.O.7.R.6 read with S.151 CPC that suit is not filed within limitation - Application kept pending for decision after both parties conclude their evidence as controversy regarding limitation cannot be decided without evidence as questions of facts are also involved to decide the application - Order..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory injunction - Moreover, Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Restraining defendant from using the trade mark `Heritage' - Amendment of written statement sought so as to plead that mark `Heritage' is a generic word and thus no person/company including plaintiff can claim exclusive use of the same and in the alternative to plead that it is defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the post trial stage - Delay in seeking amendment - Nothing stated as to why the plea now sought to be introduced by way of amendment was not raised before commencement of trial - Nothing in amendment application to show the satisfaction of conditions mentioned in proviso to O.6.R.17..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - In order to find out whether suit is barred by limitation the same has to be manifest from a reading of the plaint and no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Temporary injunction - In cases which do not fall U.O.39.R.1 of the Code, Court has inherent jurisdiction to grant relief of injunction in its discretion, if it is satisfied that such an order is necessary to meet the ends of justice or to prevent abuse of process of Court as nothing in the Code limits or..........
