Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Objection as to - Defendant failed to satisfy Court that objection regarding non-joinder of a party was taken by them in written statement or at earliest possible opportunity - Objection raised by defendants not tenable in view of O.1.R.13 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents sought to be produced not filed alongwith written statement as it was misplaced and was traced out recently - Lenient view should be taken when an application is made for production of documents U.O.8.R.1-A(3) CPC - Application rightly allowed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant after filing written statement cannot be allowed to file counter claim separately except with permission of Court...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Written statement jointly filed by defendants No.4 & 7 - On the same date they filed counter claim alongwith defendants No.1 to 3 - Defendants No.1 to 3 had already filed their written statement and thus forfeited their right to file counterclaim without permission of Court - Counter claim so far as it relates..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2015, Section 16 -- Written statement - Not filed within statutory period - Commercial Court is justified in rejecting the application to accept the written statement...........
