Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2 -- Amendment of written statement - A substituted legal representative can neither entirely disown the written statement filed by his predecessor nor can upturn the earlier stand by bringing in entirely a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - There is not only delay but also amendment will cause serious prejudice to plaintiff as replacement of the words `tin roof' with `cement roof' would have wide impact on the stand of parties and relevant pleadings related thereto - Dismissal of application, upheld...........
Rent and Eviction -- Sub-letting - Contradictory stand of tenant - Denial of sub letting in written statement - However, in examination-in-chief it was stated that sub tenant is his employee and in the next breath it was stated that sub tenant is partner in tailoring business - It seems that tenant was not sure as to what stand he should take to meet the plea of sub..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between two trucks - Death of driver of one truck - Name of driver of offending vehicle not mentioned in claim petition - Vague plea in written statement raised by owner of offending vehicle that vehicle being driven by a person having valid driving licence - However, owner of offending vehicle did not produce..........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner and his heirs refused to..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Will -- Suspicious circumstances - Recitals in Will appears to more intended to save adoption and settlement deeds, than to bequeath share of testator to legatees - Even, Will does not contain any recitals to the effect that it was read over and explained to her and she affixed her thumb impression after understanding contents of documents - Moreover, Will recites that..........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Non-issuance of reply notice demanding payment, raises a very serious doubt on the stand taken in written statement as to no, supply of goods by plaintiff - Adverse inference against defendant's conduct drawn...........
