Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - In the original written statement claim of defendant was that she is owner in possession on the basis of a gift - When the case was fixed for arguments amendment of written statement sought to take a plea that the property was ancestral and coparcenary in the hands of her father and she..........
Civil Procedure Code, 1908, Section 148, 35, Order 23, Rule 1(3) - - Permission granted to withdraw suit and file a fresh suit on same cause of action subject to payment of specified costs - Fresh suit filed but amount of costs not deposited nor objection taken by defendant - Court allowed payment of costs at belated stage on objection being raised - Costs can be paid by..........
Civil Procedure Code -- Does not define the stage at which application for additional evidence can be moved - Mere delay in filing application i.e. application filed at belated stage - No bar in order to fully and finally determine the controversy between the parties and to give a complete and composite executable relief to either party - Party not able to produce evidence..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9(2), Limitation Act, 1963, Section 5, Article 120 -- Death of sole defendant - L.R's to be impleaded within 90 days - Suit abates if L.R's are not impleaded within time - Limitation for setting aside abatement is 60 days from date of abatement - If application for setting aside abatement is made after 150 days from date of..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence application filed after parties concluded their evidence and arguments partly heard - A relevant piece of evidence if left out at the time party concerned was leading evidence - Should not be shut out merely because of delay when opposite party can be adequately compensated by award of costs - Objection..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application U.O.1.R.10 & O.6.R.17 - No bar or limitation is prescribed - only question to be considered is whether the application is belated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment sought highly belated and also not bonafide and contrary to the pleas raised earlier in the plaint - No explanation as to why the amendment was not sought in the trial court - Amendment disallowed...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Permission of Court - Plaintiff not producing hand-writing expert at time when he led evidence in rebuttal - Cannot be permitted to produce it at belated stage...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Application for rebuttal filed by plaintiff after close of evidence by defendants and when case fixed for evidence - Right of rebuttal - Cannot be given at such belated stage...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of parties by way of amendment of plaint - Suit for partition - impleading of four women as co-defendants - Unless they are impleaded, the suit cannot be effectively and finally decided - Order allowing amendment upheld but subject to cost as amendment sought at..........
