Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 1 -- Replication - Once Court permits filing of replication the same would be treated as part of pleadings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendments of simple technical infirmities alone can be allowed but not the filing of a fresh complaint with improved pleadings, in the garb of amendment...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - Issue of res judicata is a mixed question of law and fact depending upon pleadings of parties, the parties to the suit etc. - It is not a plea in law alone or which bars jurisdiction of Court or a statutory bar - Order of High Court directing trial Court to frame..........
Agreement to sell -- Written contract - Duly signed or thumb marked by parties - Not to be ignored unless a cogent and definite evidence comes on record that it is surrounded by suspicious circumstances - For proving such suspicious circumstances, parties alleging the same are required to lay a foundation in its pleadings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial Court has suo moto power to consider pleadings and exercise the power as available to it U.O.12.R.6 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleading, evidence if any produced by parties cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Defect in verification - Can be cured by filing an application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, 14, 15 -- Amendment of pleadings - To cure defect in verification - Provisions of O.6.Rr.14, 15 CPC only prescribe for signing and verification of pleading by parties - It nowhere restricts that if any genuine or bona fide mistake has occurred in the pleadings, same cannot be cured...........
