Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of plaintiff in relation to newly framed issue - Burden of proving the newly framed issue is on defendant - Plaintiffs are not required to give further evidence in respect of same - Moreover, defendant had an opportunity to cross-examine plaintiffs on said issue at the time of their evidence because he..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Defendant raised an objection that plaintiff is not in possession of suit property - However, it nowhere reflects from pleadings of plaint that plaintiff is not in possession of suit property - Moreover, it would remain left open for defendant to raise such objection in written statement..........
Civil Procedure Code, 1908, Section 35 -- Costs - Defendant permitted to file written statement subject to payment of cost of Rs.1000/- - However, defendant failed to deposit the cost and filed application to exonerate him from said cost or allow him to deposit cost by way of installment - Rejection of same by trial Court - Defendant now ready to deposit amount as per..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint along with documents filed in plaint are to be seen on an application U.O.7.R.11 CPC - Neither written statement nor averments made in application can be considered for rejecting plaint U.O.7.R.11 CPC...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent and alternative pleas in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent pleas can be taken by defendant without withdrawing wilful admission raised in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Wilful admission - Denial of promissory note in the written statement cannot be treated as admission - Denial of execution of promissory note could not be such a statement coming within the purview of S.17 of Evidence Act - Amendment seeking inconsistent pleas without retracting wilful..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A party is within his right to amend even contradictory stand earlier taken in his pleadings...........
