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 - 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 - At the appellate stage - Partition suit - Defendant sought amendment of written statement with an additional plea that it is only a benami transaction - If amendment is allowed then additional issues have to be framed and additional evidence has also to be adduced on either side - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
Evidence Act, 1872, Section 73, 45 -- Comparison of signature/Left Thumb Impression (LTI) - Defendants failed to produce original deed as disclosed in written statement - Copy of documents produced by plaintiff allegedly bearing LTI of executor - Defendants did not admit the purported document - Basis of denial of such document is oral assertion only without any supportive..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Documents in question sought to be examined from handwriting expert was sought after 10 years from its execution - If plaintiff disputes genuineness of subject documents, it is for defendants to establish the plea taken by them in their written statement as to execution of said documents by plaintiffs by leading cogent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Easement Act, 1882, Section 60 -- Irrevocable licence - Benefit of S.60(b) of the Act, does not appear to have been specifically raised in written statement - Issue claiming benefit of S.60(b) of the Act is a mixed question of fact and law, which requires a specific plea to be taken in written statement and then evidence led by parties on the issue framed...........
