Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing within time - Court can ask plaintiff to prove its case even when written statement is not filed when plaintiff is not able to make out a blemishless case in its favour entitling it to the relief prayed for in the suit - Court in special circumstances can also grant defendant time to file..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - `Shall' - Use of word `shell' does not always make the provision mandatory - Provision can still be directory, depending on the nature of provision and context in which it is enacted...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Absence of specific denial to the allegation made in plaint, is treated as admitted...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be deemed to be admitted...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated time - Extension of time - Explanation rendered for delay in filing written statement neither mala fide not improbable and is a plausible explanation - Delay in filing written statement condoned...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 5 -- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
Civil Procedure Code, 1908, Order 8, Rule 1A(1), (3) -- Late production of documents - Permissibility - Leave of Court to file documents subsequent to filing written statement can be granted only on the basis of pleading by defendants that they had a valid reason for not filing said documents along with written statement - Whether such documents were registerable or not is..........
