Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone have to be taken into consideration along with documents filed with plaint - Pleadings of written statement or documents filed by defendant cannot be taken into consideration...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Tenancy is admitted by defendant in written statement without any dispute - There is thus, no scope to entertain impleadment application to implead subsequent lessees/transferees with limited rights under lease...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Filing of written arguments by a defendant once Court has held that decree needs to be passed against him and after precluding that defendant from cross examining plaintiff - Written arguments not to be taken on record and had to be discarded from the Court file...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Non-filing of written statement - Merely because a party did not lead evidence or merely because party did not file a written statement, proceeding are not to be decreed automatically - There has to be finding and an application of mind by trial Court as to whether party despite not filing her written statement nor leading..........
Special Marriage Act, 1954, Section 27 -- Divorce decree - Wife neither filed any written statement nor led any evidence - Trial Court granted divorce in favour of husband without analyzing the evidence led by husband - Trial Court disposed of the case in a causal and mechanical manner - There are no reasons of whatever nature assigned while decreeing said proceeding -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
