Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Civil Procedure Code, 1908, Order 8, Rule 1, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-filing of written statement - Striking off defence - Instant petition not filed with promptness after passing of impugned order - It has been filed after more than 8 months after passing of impugned order - No explanation for this long delay..........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Held, provision being of procedural law, is required to be followed with some flexibility and not with extreme rigidity - Rules of procedure are handmaid of justice and are meant to advance the cause of justice and not to thwart the same - Defendant granted..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Trial Court assessed rent - Conduct of tenant not to deposit rent - Tenant consistent defaulter - From the conduct of tenant it is clear that he had been playing the game of hide and seek - Defence struck off - Order upheld...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed - Defence struck off - Defendant has right to cross-examine plaintiff's witnesses and to address arguments on basis of plaintiffs case - But he has no right to lead evidence of his own...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Advocate once appeared for opposite party in the said case - Fact not disclosed to appellant - Advocate neither appeared nor filed written statement - Defence of appellant struck off - Compensation enhanced - Held, Advocate is guilty of professional misconduct and suspended from practice for six..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Grant of access to children granted to husband - Breach of order of access by wife - Application by husband for striking off defence - Wife wilfully and blatantly breached the order of access - It is an egregious act of blatant defiance of the order of Court - O.39.R.11 is other than O.39.R.2-A CPC which deals with..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Advocate appearing on behalf of defendant did not file Vakalatnama inspite of repeated adjournments - Defence struck off - Held, if Advocate did not file power of attorney then at the most Court can proceed against defendant considering him to be absent in the case - But Court cannot struck off the defendant - Order striking..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Advocate appearing on behalf of defendant did not file Vakalatnama inspite of repeated adjournments - Defence struck off - Order set aside - Court can impose costs when inspite of direction power of attorney is not filed...........
