Civil Procedure Code, 1908, Order 26, Rule 9 -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - At the appellate stage - At the stage of appeals, the Appellate Courts also exercise their power to grant leave to amend the pleadings or to raise further pleadings because the appeals are nothing but continuation of suits...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - In cases where sufficient reasons are assigned, Courts exercise their discretion to grant leave either for amending the pleadings U.O.6.R.17 or filing further pleadings U.O.8.R.9 CPC - Exercise of discretion for grant of leave depends upon facts and circumstances of each case - In the instant..........
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Non-joinder of necessary parties - There was no issue of no, joinder of necessary parties - Point was not raised at the time of trial and no issue was framed thereof - Held, First appellate court would not consider it as a ground for dismissal of the judgment..........
Agreement to sell, Civil Procedure Code, 1908, Order 1, Rule 9 -- Specific performance - Suit filed by a person claiming a decree for specific performance of agreement to sell, executed between two different parties, be passed in favour of the plaintiff in a suit, he being a nominee of the vendee, without the vendee in the agreement to sell being a party in the suit, will..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Court Commissioner - Two reports from T.I.L.R. office on record - Report after measurement of land of plaintiffs indicates that there was encroachment, however, the report after measurement of land of defendants shows that there is no encroachment - Held, a fit case in which trial Court or lower appellate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Subsequent pleadings - There is no limitation to allow parties to file subsequent pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Subsequent pleadings - Three parameters are : (1) The relief claimed originally by reason of subsequent change has become inappropriate; or (2) when it is necessary to take notice of changed circumstances in order to shorten the litigation; or (3) to do complete justice between the parties...........
