Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 1 -- Exparte order - Set aside - Filing of written statement beyond 90 days - Held, amendment of provision of O.8.R.1 cannot be construed as a fetter on the Court to allow parties to file written statement beyond time prescribed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Constitution of India, 1950, Article 227 - Amendment in written statement - Not the case of the defendant-petitioner that his status as tenant which he sought to assert by incorporating in para 3A in the written statement was not in his knowledge when he filed the written statement - The application held far beyond the scope..........
Amendment of written statement -- Application dismissed by the District Forum - The law regarding amendment of written statement at fag end of the case settled by the National Commission between the same parties - A part of reliefs claimed in the said application i.e. for leave to produce some additional document was allowed - Same held to be sufficient to enable the..........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 - - Amendment of written statement - Refused - Nature of order - Interlocutory - Revision against is not maintainable - Petitioner can avail remedy under Art. 227 of Constitution - Petition under S.115 of CPC cannot be converted into petition under Art. 227...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3), Civil Procedure Code, 1908, Order 13, Rule 1 -- (As inserted by Amending Act of 2002) - Permission to produce documents by the defendant - Written statement filed before amendment of O.8.R.1A(3) - Documents sought to be produced by defendants were not in his knowledge and possession at time of presentation of written..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Subsequent pleadings - Filing of - Counter claim after written statement - Leave to file counter claim not required - Dismissal - Not proper (Prior to Amendment Act of 2002)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant claiming to be co-owner - Amendment sought to incorporate the plea that he has acquired title by adverse possession - Amendment sought is inconsistent with original plea and the same cannot be allowed, moreso, when it is belated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Challenge to adoption - Fact of adoption came to knowledge on filing of written statement - Written statement was filed on 5.9.2001 and amendment of plaint sought on 6.4.2002 - Question of limitation to challenge the adoption can only be decided at the trial as in case plaintiff is able to prove the date..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Amendment of plaint - Plaintiff-respondent came to know about the adoption deed after filing of written statement on 5.9.2001 by defendant-petitioner - The application seeking amendment filed on 6.4.2002 challenging adoption deed - The amendment held rightly allowed by the trial court as the same is within the four corners of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Non residential accommodation - Amendment sought to be made as to comparative hardship - Said pleas are implicit in proviso to S.21(1) of U.P. Act itself - Tenant has to explain it by leading proper evidence - Amendment in written statement - Cannot be allowed...........
