Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Court cannot take upon itself the job of answering the interrogatories on behalf of the defendants - As the defendants had also filed written statement as such it is expected of them to respond to the interrogatories by replying to the questions and thereafter it is for the Court to draw inference and pass..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application after application filed and many of them rejected - Purpose to delay the proceedings - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Pleadings - Power of Court to strike out - Additional written statement filed - Objection not taken by plaintiff - After about 3 years, plaintiff filed an applciaotn for striking off additional written statement - High Court allowed application - Order of High Court set aside - High Court was not at all justified in allowing..........
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment to incorporate counter claim - Time barred - Suit was filed on 08.12.2005 - Written statement filed on 23.10.2007 - Application to amend the written statement to incorporate counter claim filed on 28.07.2008 - Except pleading inadvertence as to why counter claim was not initially filed along with..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Defendant made a statement that he will not demolish the wall - In view of statement case adjourned for filing written statement and reply to stay application - Written statement filed - Two days thereafter wall demolished - View taken by Courts below that statement of defendant that he shall not demolish wall was valid..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Sought to be filed after examination of P.W.1 with regard to a Will not mentioned in written statement - Not to be granted at such a belated stage...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 14 -- An application U.O.7.R.14 & O.11.R.14 cannot be filed before filing the written statement...........
