Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time for filing written statement would commence from the date when suit along with documents is provided to defendant...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Striking off - Plaint along with all documents annexed therewith was supplied to defendant on 13 March 2020 - 30 days for filing written statement would expire in April 2020 - In view of Judgment of SC in Re: Cognizance for Extension of Limitation Suo Moto Writ petition, since the written..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action on which suit is filed by plaintiff is quite different than cause of action on which defendant intended to file counter claim - Counter claim if permitted would change the nature of suit - Order refusing to file counter claim is proper...........
Civil Procedure Code, 1908, Section 151 -- Suit filed through Power of Attorney Holder - Plaintiff appearing as his own witness after power of attorney holder was already examined as a witness - Power of attorney holder had categorically deposed that he was fully conversant with the facts of the case - Plaintiff, being the best witness in support of his case, cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff sought to produce certain documents when defendant was leading his evidence - Additional evidence can be allowed when bona fide of applicant is not doubted and when it is absolutely essential to bring on record the additional evidence to meet the ends of justice - Since the case of plaintiff was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that suit is grossly undervalued and Court fee paid is insufficient and sought postponing determination of temporary injunction application until the issue of undervaluation and proper court fee payable are decided - It would lead to grave injustice if defendant were permitted to..........
