Civil Procedure Code, 1908, Section 9A, Order 8, Rule 1 -- (As in Mah ) - If the matter does not come under S.9A of the Code the only option available to the defendant is to file written statement and raise objection regrading jurisdiction therein...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 1 -- Jurisdiction - Once the stage of filing written statement is reached only option available to the defendant is to file written statement raising therein objection regarding jurisdiction - There is no other stage which gives right to defendant to take objection to the jurisdiction..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 1 -- Legal representatives - Must proceed with the litigation from the stage where death of defendant or plaintiff had taken place - They are legally bound by the pleading of his predecessors-in-interest in whose place they have been substituted - L.R's impleaded cannot set up a new..........
Civil Procedure Code, 1908, Order 8, Rule 8, Civil Procedure Code, 1908, Order 6, Rule 1 -- `Pleadings' - Mean plaint and written statement - Additional pleadings in O.8.R.9 not only include additional written statement but also include additional plaint which can be called rejoinder or reply...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 22, Rule 10-A -- Advocate - Appointment ceases to exist after the death of his client except for informing the Court thereafter about client's death - Written statement filed by Advocate after client's death is not a written statement in the eye..........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- Dismissal of appeal does not bar the respondent from seeking review of the judgment or to file an appeal before the appropriate Court...........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- While dismissing appeal the appellate Court also dismissed the counter claim of the defendant - On dismissal of the counter claim the aggrieved party had independent right of appeal - In case it has not availed the remedy of appeal, it could seek review of the order...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Review - Appeal filed by plaintiff dismissed and counter-claim of defendant also dismissed - Held, on dismissal of counter claim, the aggrieved party had independent right of appeal and in case it is not availed can seek review of the order in terms of O.47.R.1(2) of the Code...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Conduct of defendant to delay the proceedings - However one final opportunity granted to file the written statement on the condition of depositing the sum of rupees two lakhs...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 1 -- Application to set aside exparte proceedings dismissed - Permission sought to file written statement as other defendants were yet to file their written statement - Defendant allowed t file his written statement - Defendant who was served was proceeded exparte on 8.6.1987...........
