Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond period of 90 days - Where close relatives are litigants a liberal approach is called for...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond period of 90 days - Court can allow to file written statement beyond period of 90 days when grounds indicated are not trivial or without substance...........
Civil Procedure Code, 1908, Section 100, Order 17, Rule 1 -- Plaintiff afforded large number of opportunities to lead his evidence, even by crossing the limits of time envisaged by the Civil Procedure Code - Plaintiff claiming that being in old age, was mentally unfit and remained sick - But no attempt made to file PF, DM and list of witnesses - Held, conduct of plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1 CPC is directory in nature being procedural - Trial Court can extend the time for filing written statement on sufficient cause being shown - Observance of the time schedule should be the rule and departure from it can only be made on satisfactory reasons to be recorded...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of five years in filing written statement - During all this time Court was not functioning and was lying vacant for a substantial period of time - No occasion arose for the defendant to file the written statement - Delay in filing written statement was not deliberate on the part of the defendant -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Purchase of property from one of the co-sharer during pendency of suit for partition - Held, purchaser can get himself impleaded as a party in the suit...........
Consumer Protection Act, 1986, Section 1(m) -- The word 'person' - Plea that the Central Government or State Government did not come within the definition of word 'person' as defined in Section 2(1)(m) hence impliedly excluded from the provision of the CP Act and complaint not maintainable against the Government repelled - Held that the Department of Telecommunications is..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- A petition to review an order in execution is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defects - Suit for mandatory injunction filed instead of suit for specific performance - Suit was likely to fail on technical defects in framing the suit for mandatory injunction - Order allowing withdrawal of suit with liberty to institute a fresh suit on the same cause of action, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Court can allow the same at any stage of the proceedings when the suit was likely to fail for reasons of some formal defect and also on the ground that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the..........
