Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not raised said plea in written..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Neither any exceptional reasons assigned by defendants for not filing written statement within time nor any application for extension of time to file written statement was filed - It is case of laxity or gross negligence on part of defendants - Defendants are not serious in defending..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - O.8.R.1 CPC being procedural is not mandatory - It does not impose embargo on powers of Court to extend time, especially in the circumstances, when no penal consequences have been provided - Application allowed subject to payment of cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case, exceptional grounds are there...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought that bona fide requirement of landlord became extinct on account of subsequent event, as landlord purchased a residential plot and already constructed two story building on it - However, premises in question required for commercial purposes - Requirement for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Electricity Act, 2013, Section 135 -- Theft - Factum of checking of meter in ME lab in absence of petitioner is not rebutted in written statement - In absence of compliance of principle of natural justice, unilateral demand cannot be sustained - Impugned order/bill seeking demand on account of alleged theft of electricity set aside...........
