Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of opportunity to file written statement - Defendant was not keeping well and could not sign written statement and also could not attend the Court below - Said fact was brought to notice of Court below, but despite request made by counsel for defendant, he was not been granted opportunity to file..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Plaintiff sought declaratory relief with further relief as to wrong mutation entries - Since plaintiff continues to be in possession, he has not sought for any injunctive relief and therefore, suit for mere declaration is not hit by S.34 Proviso of the Act - Moreover, defendant failed to lay..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - It is permissible with respect to cause of action which arose before filing of suit or after filing of suit but before written statement was filed or time for filing written statement has elapsed...........
Will -- Suspicious circumstance - Late production of Will by plaintiff after filing of written statement by defendant - It cannot be said that Will lacks credibility, particularly when it was proved on record that Will was pledged in Bank for securing a loan...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and would not adduce further..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the event amendment is allowed -..........
Kerala Co-operative Societies Act, 1969, Section 32(1), 109, Kerala Co-operative Societies Rules, 1969, Rule 47(a), (b), (d) -- Order of supersession - Allegations of serious irregularities and malpractices in sanctioning of loan against committee - Inquiry report reveals misappropriation of cash, fixed deposit, repayment of amount by borrowers and sanction of bogus loans..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Court can allow amendment at this stage only if defendants are able to show that despite due diligence, amendment could not be sought before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Application cannot be dismissed merely on the ground of delay in seeking amendment - However, the ends of justice are to be seen not with reference to only one party, but, keeping view interest of all parties going to be affected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - There is not only delay but also amendment will cause serious prejudice to plaintiff as replacement of the words `tin roof' with `cement roof' would have wide impact on the stand of parties and relevant pleadings related thereto - Dismissal of application, upheld...........
