Civil Procedure Code, 1908, Order 8, Rule 6B -- Counter claim - To be contained in the written statement itself and not by a separate pleading in the same manner as a plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought not going to change nature of suit - Amendment of pleading should not be denied only on account of altering or substituting the pleas already taken in written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of counter claim - Counter claim can only be based on cause of action which obtain and exist at the time of filing of written statement - Subsequent to filing written statement, any further fresh cause of action by defendant against plaintiff cannot be included in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Defendants already filed their written statement as well as counter in application U.O.39.Rr.1, 2 CPC and they are always ready for enquiry - Besides in the written statement a copy of which is filed along with material papers, emphatic contention of..........
Consent decree -- Written statement filed on the same day suit was instituted and statement of defendant also recorded on the same day - Completing proceedings on the same day does not lead to conclusion that judgment and decree is the result of fraud and misrepresentation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Rejection of application - Appellate Court has observed the empty formality of noticing the contentions of the parties and rejected the application mechanically - Order of appellate Court, not justified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A person inheriting the property or the litigation cannot seek amendment merely because he claims to be more prudent than his propositus or predecessor, at least when it comes to facts...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2 -- Amendment of written statement - A substituted legal representative can neither entirely disown the written statement filed by his predecessor nor can upturn the earlier stand by bringing in entirely a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Amendment of written statement - Suit for injunction - Entire defence of deceased defendant was based on possession - If amendment sought by substituted defendant is allowed, it would amount to challenging even the title - Amendment cannot be allowed - Order calls for no..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim arose before filing of written statement - Earlier counter claim was disposed of by trial Court on the ground that it was not in prescribed format with liberty to file fresh - Counter claim filed after rectifying defects could not be rejected by Court only on the ground..........
