Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside of - Written statement not filed by defendants - Ex-parte decree granted in favour of plaintiff - Application for setting aside ex-parte decree - Maintainability of - Held, a decree passed U.O.8.R.10 CPC is an ex parte decree and for setting it..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Refusal to accept - Validity of - After amendment petition was allowed and filed, petitioners were given several chances to file additional written statement - They had challenged the order allowing amendment petition before High Court - Additional written statement was filed within two days..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Purchaser during pendency of partition suit - It is discretion of Court to allow purchaser to be impleaded as a party - Purchaser allowed to be impleaded as a party - Purchaser already gave an undertaking that he will rely upon the written statement filed by seller and that he will not pray for new issues to be framed and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application for amendment filed in a most casual manner without disclosing anything in application as to how applicant had came to know the fact which is sought to be inserted in written statement - There is no explanation that amendment sought was not within knowledge of applicant before..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have taken place after the passing..........
Civil Procedure Code, 1908, Section 7(iv)(c), Order 7, Rule 11(b) - - Non payment of proper court fee - Application for rejection of plaint - Application U.O.7.R.11(b) CPC filed after more than 10 years of framing of issues - Petitioners have taken objection of court fees in their written statement - Despite the fact that an objection was taken in written statement no..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Tenant purchased property and seeking amendment to incorporate the fact in written statement - If tenant himself purchases the suit property then landlord who filed the suit cannot seek eviction from such tenant who has purchased the property itself - By allowing amendment..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Written statement filed within time granted by Court - Defendant complied with the order of court for filing written statement - Order rejecting application for pronouncing judgment, upheld...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Reply to application for temporary injunction - Can be treated as written statement provided the reply i filed within 90 days of the date of service of summons...........
