Civil Procedure Code, 1908, Order 15, Rule 5 -- Arrears of rent not claimed in a suit for ejectment - Provisions of Order 15 Rule 5 not applicable - Order directing tenant to pay arrears - Cannot be passed - Defence of tenant - defendant cannot be deemed to have been struck off...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed if cause of action to do so had arisen before the filing of written statement or before the time limited for filing the defence had expired - Filing of counter claim after written statement filed - Not barred under Rule 6 - A(1) of Order 8...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for declaration to be owner in possession and injunction restraining defendant from dispossessing or interfering in possession and by amendment challenge to sale - deed in favour of defendant - Dismissal of earlier suit in default under Order 9 Rule 8 - New cause of action will not be made out merely because a new..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 - - Setting aside of ex parte decree because not duly served in the suit - Service of summons on defendant without copy of plaint - No summons can be regarded to have been duly served - Due service means service of summons along with the plaint - Second Proviso to Rule 13 of Order 9..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Later suit for specific performance instituted during pendency of earlier suit for injunction - Agreement of sale provided that before execution of sale deed vendor would obtain Income-tax clearance certificate and get mutation sanctioned in his favour and send intimation to vendee well before date of execution - Vendor never..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Plea of applicability of Order 2 Rule 2 not taken in written statement nor any issue framed on such plea or opportunity given to parties to lead evidence in this regard - Absence of pleading or proof of identity of cause of action - Defendant cannot be permitted to raise plea of bar of suit under Order 2 Rule 2...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Later suit instituted during pendency of earlier suit - Cannot be said that bar of Order 2 Rule 2 not applicable...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of Order 2 Rule 2 becomes applicable if both suits based on same cause of action - Order 2 Rule 2 requires unity of all claims based on same cause of action in one suit - Does not contemplate unity of distinct and separate causes of action - Subsequent suit if based on different cause of action - Bar of Order 2 Rule 2 will..........
Civil Procedure Code, 1908, Order 18, Rule 17, 2(4) -- Additional evidence - Provisions of Order 18 Rule 17 - A always subject to provisions of Order 18 Rule 2(4) - Additional evidence can be adduced if required for a proper adjudication of controversy - Claim for recovery of amount said to have been embezzled - Seeking to adduce evidence with regard to details of amount..........
Evidence Act, 1872, Section 64 -- Documents already proved but the same not exhibited - Can be shown during course of arguments that documents which remained unexhibited have to be exhibited - Question of allowing additional evidence to prove these documents - Does not arise - Civil Procedure Code, Order 18 Rule 17-A...........
