Civil Procedure Code, 1908, Order 8, Rule 1, Proviso -- Written statement - Time limit fixed as per O.8.R.1 Proviso CPC is only directory...........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of evidence in pleadings - Evidence is not required to be pleaded in the pleadings - Dismissal of application calls for no interference...........
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..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Simpliciter denial in absence of any categoric denial to factual averments made in plaint, would be deemed to be admitted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be filed with leave of Court to clarify or elaborate on contentions on record...........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Merely not referring the document sought to be produced in written statement and delay in filing the same, cannot be said to be fatal and on these grounds document cannot be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is based on mere assumptions and presumptions of petitioner - Nothing fruitful would be gained in allowing such amendment - Even, proposed amendment is not necessary for determining real controversy between parties - Application filed at the final stage of trial is just to..........
