Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Written statement had not been filed along with costs either within stipulated time period of 30 days or within extended period of 120 days - First counsel for defendant expired after 30 days period for filing written statement had lapsed - Application..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Can be produced or shown, for the first time, to witness in his cross examination...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Opportunity to file written statement closed and defendant proceeded ex parte - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order cannot be sustained - Opportunity given to defendant to file written statement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of parties is also a relevant consideration for grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff unable to show that he is owner of suit land and is in possession thereof - Three ingredients for grant of injunction i.e prima facie case, balance of convenience in favour of plaintiff and that plaintiff would suffer irreparable injury if temporary injunction is declined, are not satisfied..........
