Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Non production of documents mentioned in written statement - Plaintiff cannot compel defendant to file documents, as consequence of no, filing of such document is specified in O.8.R.1A(3) of CPC which prescribes that if document is not filed, it would not be received by Court at the time of hearing of the suit, without..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing of written statement within prescribed period - Striking off defence - Provision of O.8.R.1 CPC is directory and not mandatory in nature - Order dismissing application for striking off defence of defendant, upheld...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond 30 days - Defendant received copy of plaint wherein certain pages were missing - Copy of those pages was given subsequently on 31.7.2006 - Defendant filed written statement on 11.9.2006 - Provision of O.8.R.1 is directory and not mandatory - Liberal approach should be adopted in granting time..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Provision of O.8.R.1 CPC is directory and not mandatory - Court can extend time for sufficient reasons - In the instant case Court itself felt that there are sufficient reasons for not filing the written statement due to filing of so many applications by plaintiff regarding which..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission on ground of fraud and misrepresentation - Sufficient reasons ex facie shown by suspicious circumstances which led to the filing of written statement itself as being one induced by fraud and misrepresentation practiced on an unsuspecting family member - Amendment..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay - Extension of time - Laches on the part of defendants - Merely because there are laches on the part of defendants, their right to file written statement should not be forfeited and reasonable costs should be imposed - Period of ten days granted to defendants for filing their written statement on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Impleadment allowed with the rider that applicant will join the proceedings from the stage the application was allowed and would pursue the defenses already taken by defendant and will not be allowed to set up a new case by reopening the suit which was in its..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment has challenged three registered documents on various grounds - Merit or demerit of his contention cannot be considered at this stage - Same is liable to be allowed if a valid case for amendment is made out in order to decide real dispute between parties - Since the facts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Plaintiff aware of the defence from the filing of written statement - However, facts not such so as to penalize the plaintiff for the acts of his Advocate - Amendment allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Single application U.O.1.R.10 & O.6.R.17 - Application U.O.1.R.10 to be decided first - If parties are introduced each one of them would have a right to file their written statement admitting or denying the facts on which plaintiff relies upon to obtain a decree - All such newly..........
