Consumer Protection Act,1986, -- Additional evidence - Application for leading additional evidence - At appellate stage - No specific provision in Consumer Protection Act for leading of additional evidence - Forum can safely advert to the broader principles governing applications for leading additional evidence under ordinary law of land - Documents to be produced well..........
Civil Procedure Code, 1908, Order 2, Rule 9 -- Additional written statement - Filing of - Application moved - Circumstance under which it can be allowed - Execution of admission deed and questioning its validity based on legal position by way of additional Written Statement - Plea not inconsistent with already filed written statement - Does not amount to withdrawal of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New plea, which is not covered in original written statement or an inconsistent plea, against the original written statement - Can be included in additional written statement - Such a defence cannot be described or labeled as prejudicial defence or vexatious or scandalous, as understood under..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Additional written statement - Can be allowed to a party who had already filed a written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Will -- Validity of - Conscience of Court must be satisfied that the Will in question not only executed and attested in the manner required under Indian Succession Act, but it should also be found that said Will was the product of free volition of executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there is..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence when case fixed for rebuttal evidence - Parties at issue with regard to decree in previous suit - Plaintiff basing his claim on written statement filed in previous suit where his right was accepted - Not trying to establish a case not pleaded - Would cause no prejudice if plaintiff permitted to lead..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- New & inconsistent pleas - Application dismissed - Same pleas in replication cannot be justified on the ground that defendant has also unauthorisedly introduced additional averments in amended written statement - Remedy for unauthorised induction by defendant lay in praying for the striking off the unauthorised induction -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Plea sought to be introduced inconsistent and at variance with plea originally taken - Cannot be permitted to be introduced in view of O.6.R.7, except by way of amendment under Order 6 Rule 17 - Application U.O.8.R.9 cannot be treated as one under Order 6 Rule 17 as both are contextually..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New pleas raised in replication - Belated filing of application - Application filed after conclusion of evidence by defendant when counsel was preparing arguments and fact of new pleas in replication came to his knowledge - Earlier application for amendment of written statement was declined and..........
