Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Contradictory stand has been taken by defendant in proposed additional written statement than what was pleaded in earlier written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim filed much after framing of issues as well as filing of additional written statement - Allowing counter claim would relate back to date of filing of dispute and date of impleadment of petitioners as opponent in dispute application i.e in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At the appellate stage - Partition suit - Defendant sought amendment of written statement with an additional plea that it is only a benami transaction - If amendment is allowed then additional issues have to be framed and additional evidence has also to be adduced on either side - Amendment..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be filed with leave of Court to clarify or elaborate on contentions on record...........
Civil Procedure Code, 1908, Order 8, Rule 9, Constitution of India, 1950, Article 227 -- Additional written statement - Order allowing application for additional written statement - Petition u/art 227 of Constitution - When legislature has left it to discretion of Court to decide on permitting subsequent pleadings U.O.8.R.9 CPC, without any restriction similar to O.6.R.17..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Defendants filed written statement and some additional pleas were taken by them - It was thus, necessary for plaintiffs to file rejoinder to controvert said pleadings which were taken in written statement - Scope of O.8.R.9 CPC not considered by trial Court while rejecting application for rejoinder - Impugned order..........
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...........
