Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife since beginning always tried her best to lead happy, conjugal life and she has shown her willingness to come in the matrimonial home, which would be evident from pleading as made in plaint - But from the testimony of husband it is evident that from beginning he has avoided his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments can be refused where other party cannot be placed in the same position as if pleading had been originally correct, but amendment would cause him an injury which could not be compensated in costs and power to allow an amendment is wide and may at any stage be appropriately exercised in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in seeking amendment in pleading by itself, cannot be sole ground on which application for amendment can be rejected - However, where O.6.R.17 proviso CPC comes into play, jurisdictional fact needs to be satisfied...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Evidence Act, 1872, Section 112 -- Maintenance to daughter - It would be pertinent to point out that as per Section 112 of Evidence Act that a child born during continuation of a valid marriage between his/her mother and any man, the child is held to be legitimate son/daughter of that man, unless it is shown by that man that he had no access to his wife at any time when..........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 17 -- Exemption from limitation - Pleading - It is necessary that plaint should show ground upon which exemption from normal period of limitation is claimed...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Only material facts on which party pleading relies for his claim or defence to succeed, have to be stated without evidence by which pleading is to be proved...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
