Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Time period for filing - Ordinarily a written statement is to be filed within a period of 30 days - However, grace period of a further 90 days is granted which Court may employ for reasons to be recorded in writing and payment of such costs as it deems fit to allow such written statement to come on record..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Sought at the stage of final arguments - Documents sought not referred in written statement, list of documents and affidavits filed by defendant - Evidence of defendant is already over - If application of defendant is allowed, then matter has to go back to the stage of leading of defendant's..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not amenable for partition has..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint - Defendants right to file written statement was closed - He has no right to file written statement to the amended plaint - As no written statement was filed as such defendant has no right to filed amended written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to incorporate counter claim - Counter claim time barred - Counter claim which on the face of record is time barred has to be rejected, whether cause of action accrued before filing of suit or after filing of suit - Delayed counter claim must be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should..........
