Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed within time - Denying a party opportunity to place their defence on record risks compromising the very foundation of a fair adjudication and may result in erroneous or one-sided findings - Moreover, such delay could have been addressed through imposition of appropriate costs -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Appointment of Local Commissioner is always to ascertain state of affairs and is not an adjudication of matter - Adjudication has to be done by Court before whom matter is pending and Local Commissioner would only prepare report on state of affairs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No rights are determined merely with appointment of a Local Commissioner and submission of his report...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Acceptability of Local Commissioner's report is to be finally decided by Court concerned at the time of arguments keeping in view the report and objections, if any filed by parties...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner's report is not final as defendant would always have right to file his objections to same...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Report is only for ascertaining factual aspect of matter and it is entirely in the domain of Court to decide whether to accept said report or not...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
