Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Cannot be allowed to be added through amendment in written statement - It should be independent of the pleading of amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea without proof and proof without plea is no evidence in the eyes of law...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 14 -- Pleadings - No document can be brought on record without any substantive pleading...........
Criminal Procedure Code, 1973, Section 125 -- Mere pleading cannot take place of proof without evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering an application for amendment, it is only the proposed pleading which is to be taken into consideration - Merits of proposed amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed pleadings shows that they are based upon subsequent events and appear to be just and necessary for fair and complete adjudication of all disputes raised between parties and deserves to be allowed - Said proposed pleading is not required to be proved by evidence at this stage which..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Ex parte maintenance order - Husband as per his own pleading is working as a daily labourer and it can be assumed that he is earning at least minimum wages as notified by State of NCT of Delhi - Minimum wages for an unskilled employee as on today in State are Rs.17,494 pm - In such circumstances, monthly..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - No pleading of the defendant in written statement regarding documents sought to be produced - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Non pleading that inspite of due diligence amendment sought could not be pleaded before commencement of trial - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - To constitute a valid admission in pleading, said admission should be unequivocal, unconditional and unambiguous and admission must be made with an intention to be bound by it - Admission must be valid without being proved by adducing evidence and enabling the opposite party to succeed without trial...........
