Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed within time - Denying a party opportunity to place their defence on record risks compromising the very foundation of a fair adjudication and may result in erroneous or one-sided findings - Moreover, such delay could have been addressed through imposition of appropriate costs -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Adverse possession -- Suit for declaration of ownership on basis of adverse possession - Suit property is properly identified and continuation of possession of plaintiff has not been disputed by State during trial rather admitted in written statement as well as by its witness DW1 - Entries in revenue record reflect that unauthorized possession was very much in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to consider application U.O.7.R.11 CPC, Court has to look into averments in the plaint and same can be exercised by trial Court at any stage of suit - At that stage, pleas taken by defendant in written statement are wholly irrelevant...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Respondents/senior citizens are admittedly owners of property in question - Though, appellants stated that they had contributed funds for purchase of property in question and construction thereon, however, nothing is on record to..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witnesses - Prosecution failed to prove that alleged eye witnesses had witnessed accused assaulting deceased - Names of alleged eye witnesses were not mentioned in written report - Police statement of PW6, PW7, PW8 were recorded after delay of 20 days of incident - No reason for recording their..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
