Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession - Defendant in his written statement stated that his wife is owner in possession of suit land - In absence of wife of defendant no effective decree for possession could be passed - Presence of wife of defendant is very much necessary for complete and effective adjudication of suit..........
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..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signature scribed in open Court, vakalat, suit summons and written statement cannot be termed as admitted signature - Post filing of suit there is every likelihood of party disguising the signatures...........
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..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Defendant proceeded ex parte - Thereafter suit transferred to Commercial Court - As it is a suit for damages for alleged loss suffered by defendant, on account of supply of defective machinery, hence defendant cannot be deprived of an opportunity to contest the claim on..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendant - Defendant was granted reasonable opportunity by trial Court so as to conclude his entire evidence - However, from past two years there were intermittent breaks in hearings before Courts which also contributed towards some delay at the hands of litigants on account of communication gap with..........
Contempt of Courts Act, 1971, Section 16 -- Contempt of Court - Suo motu initiation of contempt proceedings - Pronouncing of final judgment by Court of CJM stayed by High Court on 13.02.2015 - Accused convicted on 18.02.2015 - Order passed by High Court on 13.02.2015 conveyed by email to District and Sessions Judge on 19.02.2015 and by ordinary post which reached Sessions..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time for filing written statement would commence from the date when suit along with documents is provided to defendant...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Striking off - Plaint along with all documents annexed therewith was supplied to defendant on 13 March 2020 - 30 days for filing written statement would expire in April 2020 - In view of Judgment of SC in Re: Cognizance for Extension of Limitation Suo Moto Writ petition, since the written..........
