Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Merely putting blame on the earlier counsel in pleading of facts is not sufficient and cannot be accepted as a ground for seeking amendment of pleadings at the stage after commencement of trial...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No evidence is permissible in absence of pleading...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application filed is bereft of any averment to substantiate which document in question could be said to be relevant - No evidence is permissible in absence of pleading - More so, no reason has been assigned by defendant in application of inordinate delay in seeking permission to produce..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Parties cannot lead evidence without support of plea...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Civil Rules of Practice (Kerala) Rr.11, 15 - Counter claim - Counter claim is a subsequent pleading and need not be headed by a cause title - Only a plaint or an original petition that needs to be headed with a cause title as per Kerala Rules...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Adverse possession -- Opposite party has not even indicated date on which he claims to have come into possession over property in question or even date on which original tenure holder came into knowledge of opposite party's hostile possession and title - No pleading or evidence produced by opposite party on which plea of adverse possession could succeed - Plea of adverse..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Ex parte proceedings set aside subject to the condition that defendant shall not be permitted to file any reply/written statement - It will cause prejudice to defendant and without any pleading there is no meaning for defendant to participate in the case - Said condition set aside - Trial Court directed to..........
