Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 86 -- Rejection of election petition - Election petition should not be rejected at the very threshold where there is a substantial compliance of provisions of Representation of the People Act...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - Rejection of an application U.O.9.R.13 CPC in default - Appeal against such an order is maintainable, as words rejecting an application are comprehensive enough to include dismissal for default or rejecting in any other situation whatever...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact - Cannot be dealt with under an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint clearly reveals that pleadings incorporate several facts which disclose cause of action for filing the suit - Moreover, same is a triable issue, which cannot be dealt summarily in an application for rejection of plaint - Application rejected...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Such defendant can cross examine witnesses examined by plaintiff to prove the falsity of plaintiffs case...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
