Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Adverse possession -- Opposite party has not even indicated date on which he claims to have come into possession over property in question or even date on which original tenure holder came into knowledge of opposite party's hostile possession and title - No pleading or evidence produced by opposite party on which plea of adverse possession could succeed - Plea of adverse..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Ex parte proceedings set aside subject to the condition that defendant shall not be permitted to file any reply/written statement - It will cause prejudice to defendant and without any pleading there is no meaning for defendant to participate in the case - Said condition set aside - Trial Court directed to..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleading, evidence if any produced by parties cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 17, 14, 15 -- Amendment of pleadings - To cure defect in verification - Provisions of O.6.Rr.14, 15 CPC only prescribe for signing and verification of pleading by parties - It nowhere restricts that if any genuine or bona fide mistake has occurred in the pleadings, same cannot be cured...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to pleading can at any stage move application for amending their pleading as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 2(2), 13 -- Rejection of divorce petition on the ground of maintainability - Marriage between parties was solemnized in Arya Samaj Temple and not according to customs and usage of Scheduled Tribe - Husband did not disclose any custom or usage which confers right upon him against maintainability..........
Adverse possession -- Suit for declaration of title and recovery of possession - Defendant by pleading oral sale from plaintiff's father, admitted the title of plaintiff's father - Concurrent findings on record that defendant neither entitled to title nor proved adverse possession - Plaintiff on the other hand proved title based on documents which are admitted by Courts..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit property - To be examined in the context of pleadings of counter claim - For the purposes of counter claim the suit property is to be examined in the context of pleading of counter claim and not to be restricted to the property described in plaint...........
