Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 5 -- Plaint - Amendment - Incorporation of an issue in the plaint - Held, plaint does not require to be amended by incorporating an issue between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing of - Does not mean that there is admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Consist of plaint and written statement - Replication if allowed by Court becomes part of pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of written statement beyond 90 days - Provision of O.8.R.1 is directory in nature - Defendant can be permitted to file written statement after expiry of period of 90 days only in exceptional situation...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1 is directory in nature - When ex parte proceedings are set aside then time elapsed during the interim period has to be ignored for which no explanation or reason is required to be given - Written statement filed on the date the exparte order was set aside - Order keeping the written..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13, 24 -- Divorce petition - Withdrawal of petition by husband after pendency of proceedings for eight years - Maintenance pendente lite granted to wife not paid - No justification for withdrawal of petition - Order allowing withdrawal set aside...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit not strictly filed in accordance with provision of O.1.R.8 CPC - Court can give direction to convert the suit into one U.O.1.R.8 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Provision of O.8.R.1 CPC is procedural - It is not a part of the substantive law - A procedural law should not ordinarily be construed as mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Provision of O.8.R.1 is procedural - Merely because a provision of law is couched in a negative language implying mandatory character, the same is not without exceptions - The courts, when called upon to interpret the nature of the provision, may, keep in view the entire context in which the provision came to be enacted, hold..........
