Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant when proceeded ex parte or when written statement not filed - Plaintiff has to make out a case against defendants impleaded in the suit for the relief claimed - They had to stand on their own legs - Court is duty bound to consider the pleadings and the evidence produced on record and consider the contentions in..........
Limitation -..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Limitation Act, 1963, Section 5 -..........
Protection of Women From Domestic Violence Act, 2005, Limitation Act, 1963, Section 29(3), 5 -- Condonation of delay - S.5 of Limitation Act is applicable to proceedings under Protection of Women from Domestic Violence Act, 2005...........
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Affidavit supporting application to condone delay terse, very poorly worded and not explaining actual and detailed reason - Reason assigned for it was that official concerned was looking after work of five departments and had signed affidavit whatever was prepared and put before him - No explanation has been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Knowledge of ex parte decree - Petitioner himself not stepping into the witness box and not stating as to when passing of ex parte decree came to his knowledge - Held, statement of petitioner's attorney as witness cannot fill the gap - It was only the petitioner who could have..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitration award - Setting aside - Limitation - Three months - Court can entertain application within further period of 30 days - If Court remains closed when period of 30 days expires then application to set aside arbitration award cannot be filed on the day Court opens - S.4..........
