Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Power of Court to make up deficiency of Court fee is subject to discretion of Court and is not claimable as of right by a party - Said discretion cannot be interfered with unless exercised in violation of recognized principles of law or cause grave injustice...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - When time scheduled agreed to in between parties by passage of compromise decree becomes time allowed by Court - Civil Court gets jurisdiction even to extend time for payment fixed in award of Lok Adalat based on such compromise decree...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - Condonation of delay - If grounds for delay in payment are shown to be justified for departing from what was agreed upon before Lok Adalat, condonation of delay is a possible course of action and that all would depend on facts and circumstances of each case...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Enquiry should consist not only of examination of witnesses produced by either party, but also of examination of alleged lunatic by judge, either in open Court or chambers...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court not examined mother of petitioner personally before appointing petitioner as guardian, next friend - There is no record to show that mother of petitioner is suffering from unsoundness of mind and a guardian/her daughter can be appointed to defend her, is unsustainable and liable to..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Liquidated sum - Loan amount was transferred by plaintiff to defendant through proper banking channels for which clear evidence has been placed on record - Suit U.O.37 CPC is maintainable as it is for liquidated sum...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Liquidated sum - Leave to defend - Suit filed for recovery of liquidated sum and suit is maintainable - Defendant thus, directed to furnish either a Bank Guarantee or any other security to the tune of Rs.10 lakhs - Subject to said conditions being fulfilled, written statement shall be taken on..........
