Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Production of document - Plaintiff failed to fulfill the requirement of provisions of O.7.R.17 CPC - Production of original document is an essential compliance for succeeding in a suit for recovery - Having failed to produce the same, plaintiff not able to discharge the onus u/s 101 of Evidence Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Typographical mistakes or omission on the part of counsel for adding certain words or wrongful drafting by counsel - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Statement of plaintiff not to lead evidence relating to amendment - Trial Court may allow defendant to put any evidence in support of their defence relating to the amendment allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First appellate Court shall state the points for determination, the decision thereon and reasons for decision - However, mere omission to frame point/points for determination does not vitiate the judgment of First Appellate Court, provided first Appellate Court records its reasons based on evidence adduced by..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court is the final Court of facts - Judgment of appellate Court must therefore reflect Court's application of mind and record its findings supported by reasons...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - All important questions involved in the case must be covered and they should not be general and vague - Appellate Court is justified in taking a different view on question of fact but that should be done after adverting to the reasons given by the trial judge in arriving at the..........
