Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - For invoking provision of O.7.R.11(d) CPC, no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Defect in verification - Can be cured by filing an application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, 14, 15 -- Amendment of pleadings - To cure defect in verification - Provisions of O.6.Rr.14, 15 CPC only prescribe for signing and verification of pleading by parties - It nowhere restricts that if any genuine or bona fide mistake has occurred in the pleadings, same cannot be cured...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to pleading can at any stage move application for amending their pleading as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a necessary and proper party - Petition can be filed at any stage of proceedings and an opportunity is to be given to them, if they are directly affected by the result of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of reply to the petition - Subsequent events - Eviction sought from a shop on ground of reasonable and bonafide necessity - Acquiring of residential premises during pendency of eviction petition - In view of nature of acquired property, application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 1, Delhi High Court (Original Side) Rules, 2018, Rule 3, 4 -- Chapter VII - Written statement - Filed within statutory period but without accompanying affidavit of admission/denial of documents, does not amount to non-est filing, since it cannot be said that nothing was filed at all - However it amounts to a defect that is required..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Preference of lady should be given precedence relating to matrimonial matters - Transfer petition filed by wife allowed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
