Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence when case fixed for rebuttal evidence - Parties at issue with regard to decree in previous suit - Plaintiff basing his claim on written statement filed in previous suit where his right was accepted - Not trying to establish a case not pleaded - Would cause no prejudice if plaintiff permitted to lead..........
Civil Procedure Code -- All the defendants filed a joint written statement and being represented through one counsel - Death of one of the defendants in 1992 - Evidence of plaintiff closed in 1994 and thereafter defendants also examined their witnesses - Counsel who had been appearing for all the defendants including deceased defendant cross-examined witnesses produced by..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed even after filing of written statement if cause of action had arisen before or after the filing of suit and such cause of action continued upto date of filing of written statement or extended date of filing written statement...........
Civil Procedure Code -- A - Counter - claim after filing of written statement - Not barred - Right to file counter - claim - Referable to date of acerual of cause of action - If cause of action arisen before or after filing of suit and such cause of action continued up to date of filing written statement or extended date of filing written statement - Counter - claim can be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- New & inconsistent pleas - Application dismissed - Same pleas in replication cannot be justified on the ground that defendant has also unauthorisedly introduced additional averments in amended written statement - Remedy for unauthorised induction by defendant lay in praying for the striking off the unauthorised induction -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential to plead in the written statement - Copy of plaint of the earlier suit should also be filed as in the absence of copy of the plaint it cannot be appreciated what was the cause of action in the earlier suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of costs - Costs accepted and amended written statement filed by appellant No.1 - Contention that appellant No.2 had not accepted costs - Held, as appellant No.2 is son of appellant No.1 and is claiming his right to the property only through his father as such objection from him..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of costs - Costs accepted and written statement filed - Since appellant No.2 is the son of appellant No.1 and is claiming his right to the property only through his father as such the objection from him that the amendment was wrongly allowed, cannot be sustained...........
Civil Procedure Code, 1908, Section 35, Order 6, Rule 17 - - Amendment of plaint allowed subject to payment of costs - Costs accepted and written statement filed - Objection that amendment wrongly allowed - Cannot be sustained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement filed - No objection taken in written statement with regard to allowing of amendment - Too late to say that amendment of plaint wrongly allowed...........
