Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Specific denial - General principle that a defendant who proposes to deny truth of an allegation against him/her ought to do it either specifically or necessary implication in lieu of mere general or evasive denial, applies to Family Courts also...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Evasive denial in pleadings of a defendant is treated by law to be an admission of truth of allegations made against him, unless Court in its discretion is of opinion that u, denied fact must, nonetheless, be proved otherwise than by such deemed admission...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Triable issues presented in third suit, fate of which depend on trial and issues to be struck after defendant's written statement is put in and evidence adduced by disputing parties - No illegality, error or material irregularity committed by trial Court in coming to conclusion that trial cannot be aborted..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - In absence of an application supported by affidavit U.O.37.R.3(5) CPC, if written statement is filed by defendant, it cannot be taken on record...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Application for leave to defend the suit was not filed by defendant - But, contrary to provisions of law, written statement and affidavit was filed as of right - No triable issue was raised by defendant in trial Court - Vague and evasive explanation was given by defendant for not filing application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Issue framed despite the fact that no such averment was made in the written statement - Said issue was rightly deleted by trial Court and a new issue was framed - No interference warranted in impugned order...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Additional replication to additional written statement - An additional replication cannot be treated as part of pleadings...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional replication to additional written statement - No additional issues can be framed only on the basis of additional written statement and an additional replication - To frame issues, there should be pleadings in plaint itself - An additional replication cannot be treated as part of pleadings...........
