Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1 CPC though no doubt is directory in nature, however, at the same time Courts must exercise their discretion to condone delay if any in filing written statement after exercising due circumspection and in case there appears to be an attempt on the part of defendant to engage in dilatory..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time limit for filing of written statement - Not mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Can be compensated with costs but denying the benefit of filing of written statement is unreasonable...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Condonation of delay of 3330 days - Party should not suffer due to inaction on the part of advocate and that matter should be decided on merits rather than on technical ground, particularly when, despite service plaintiffs have chosen not to appear before High Court to controvert the..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Partition suit - Application filed when the matter was fixed for final arguments - Reasons stated in application for delay in filing it, not satisfactory - Most of the documents sought to be placed on record are ante dated filing of written statement and no good reason has been assigned in..........
Civil Procedure Code, 1908, Order 8, Rule 1, Delhi High Court (Original Side) Rules, 2018, Rule 3, 4 -- Chapter VII - Written statement - Filed within statutory period but without accompanying affidavit of admission/denial of documents, does not amount to non-est filing, since it cannot be said that nothing was filed at all - However it amounts to a defect that is required..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Preliminary objections and additional pleas taken by defendant in his written statement - Same are required to be controverted by plaintiff by way of filing rejoinder - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - Application U.O.7.R.11 CPC filed - Application U.O.7.R.11 CPC is independent of filing of written statement - There is no embargo to file written statement before adjudication of O.7.R.11 CPC application - Provision of O.8.R.1 CPC cannot be ignored or else under..........
