Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court can interfere if it is satisfied that findings of Court below are based on misreading of evidence or so perverse that no person of ordinary prudence could take the said view and intervention u/s 100 CPC is permissible provided that case involves a substantial question of law, which is different from question..........
West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Defendant in an appeal filed against ex parte decree cannot be allowed to show that he was prevented by sufficient cause from appearing at the hearing - As for that purpose, defendant must have recourse to the special procedure U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Court has discretion to allow defendant to file written statement even after expiry of 90 days under exceptional circumstances as O.8.R.1 CPC is directory - Even Court has discretion to grant more than three opportunities/adjournments in case of special and extraordinary..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking of defence - Defendant not filed his written statement within statutory period despite being granted last opportunity - Defence of defendant struck off for not filing written statement in time - However, keeping in view the facts and circumstances of case one last..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on the basis of alleged..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint Local Commissioner before filing written statement when situation is such that which enables a party to destroy the subject matter of the subject, make it no, est or even make the very filing of the suit a futile exercise or even make the suit a straw and ascertainment of actual physical..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Trust filed eviction petition through Managing Director through power of attorney holder - Amendment sought whereby power of attorney holder claiming that he was the landlord independently - Amendment sought after seven years of filing of petition and when petition was pending for tenants..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of State as party - Notice u/s 80 CPC not issued to State - Proposed amendment is entirely new cause of action - It is based on events, which took place after filing of plaint - It amounts to fresh case - If new cause of action is introduced,..........
