Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas were added by way of amendment of written statement - Plaintiff cannot by way of rejoinder introduce pleas which are not consistent with earlier pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea beyond pleadings cannot be taken into consideration...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of pleadings - Amendment beyond limitation should not be allowed...........
Civil Procedure Code, 1908, Order 16, Rule 1, Evidence Act, 1872, Section 126 -- Pleadings - Proof - By summoning counsel of opponent party - Pleadings signed and filed in Court is not privileged professional communication u/s 126 of Evidence Act - Advocate of opponent party allowed to be examined as a witness for limited purpose i.e. to prove the pleadings filed in Court..........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
Agreement to sell -- Specific performance - Plea of hardship - No such plea with regard to hardship and inconvenience raised by defendant in his written statement originally filed nor an application was filed to seek amendment of pleadings - In the absence of any such facts on record with an opportunity to plaintiff to controvert the same, it is difficult to accept the..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Absence of cause of action and non disclosure of cause of action - There is distinction between the two - Difference lies in the manner in which the correctness or otherwise of the two pleas is to be ascertained - Averment that there is no cause of action to file suit has to be tested for its..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
