Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case, exceptional grounds are there...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application can be filed at any stage of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can suo motu reject the plaint if plaint is hit by any of the infirmities provided in the four clauses of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Rejection of plaint - Does not preclude plaintiff from presenting a fresh plaint in terms of O.7.R.13 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A part of the plaint cannot be rejected - If no cause of action is disclosed, plaint as a whole is to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Court by resort to O.10 CPC can search examination of a party and in case Court is prima facie of the view that suit is an abuse of the process of Court in the sense that it is a bogus and irresponsible litigation, jurisdiction U.O.7.R.11 CPC can be exercised...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is plaint and plaint alone which is to be considered - In case plaint indicates a cause of action then falsity of the claim is a matter to be determined at the trial...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Solely against co-defendant - Not maintainable - A counter claim has necessarily to be directed against plaintiff, in the suit, though incidentally or along with it, it may also claim relief against co-defendant in the suit...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........
