Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Period of limitation - Extension of - Held, provision of O.8.R.1 CPC is directory and not mandatory and that for good and sufficient reasons, the statutory period as mentioned in O.8.R.1 can be extended...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - No conclusive material on record to indicate that plaint and other documents were served upon plaintiff - Trial Court refused to extend time for filing written statement - Challenge thereto - Held, impugned order quashed and set aside - Written statement allowed to be filed - Costs of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - At the fag end of trial - Permission granted to file written statement to the counter claim as opportunity to file written statement was not granted earlier and more so when plaintiff states that he will lead no further evidence after filing of written statement...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Right of cross examination to a defendant who has not filed written statement - Held, a defendant who has not filed written statement has a right to take part in further proceedings and cross examine the plaintiff or his witnesses in order to demolish the plaintiffs case...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Delay in filing written statement - Permission to file - Provision though couched in mandatory form but is directory in nature - Court in exceptional situation, can permit filing of written statement beyond the period of 90 days...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - After filing of written statement - Can be allowed if cause of action arose before filing of written statement and not when cause of action arises after filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filing of - Held, filing of counter claim after filing of written statement is not barred if the cause of action for counter claim had arisen before filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 16 -- Filing of counter claim - Rejection of - Validity - Plea that though counter-claim could not be allowed by way of amendment of written statement yet Court could not refuse to entertain counter-claim in this case particularly when the evidence has not so far commenced - Held, revision petition is disposed of with direction to..........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Must deal specifically with each allegation of fact in the plaint and when the defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be admitted and in such an event the..........
Civil Procedure Code, 1908, Order 8, Rule 3, 4, 5 -- Written statement - Averments therein - Held, written statement must deal specifically with each allegation of fact in plaint and when defendant denies such fact, he must not do so evasively, but specifically and unambiguously - If his denial of the fact is not specific but evasive, the said fact can be taken to be..........
