Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Suit for maintenance - Grandfather/petitioner made application for getting DNA test of opposite party No.1, who alleged to be his granddaughter - No categorical plea to the effect that parties had no access to each other during marriage - Only assertion in written statement is that after some time, opposite..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Permission declined - Simple denial of facts of plaint - No new/additional facts asserted in written statement - Whatever has been stated by defendant does not call for any rejoinder/replication - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non-filing - O.8.R.10 CPC does not mandate Court to decree suit for no, filing of written statement, but gives it discretion either to pronounce judgment against defendant or to make such order in relation to suit as it thinks fit...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife threatening to implicate husband in false criminal case - Allegations levelled against wife are totally frivolous, ill founded and vague in nature - Had it been a case where wife actually had been threatening to implicate husband and his family in a false criminal case there was nothing which prevented..........
Suits Valuation Act, 1887 - - Plea of adverse possession - By pleading adverse possession very specifically in written statement, defendant admitted title of plaintiff to suit land but said title was extinguished by defendant's hostile possession - However, plea of adverse possession not proved by defendant - Having failed to prove the plea of averse possession in itself..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiff specifically stated that at the time of filing suit he was in possession of suit land - Said fact is neither denied by defendant in his written statement nor denied at the time of arguments - Plaintiff also specifically stated that defendants in the year 1993 tried to interfere..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Fact disclosed to previous counsel but he did not incorporate the same in written statement - Reason disclosed for not incorporating the plea in written statement before commencement of trial does not fall under the exception carved out under proviso to O.6.R.17 CPC - Order rejecting..........
