Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Discreation of the Court to accept written statement or rejoinder at any stage of trial - When new pleas are raised in replication - Defendant entitled to file additional written statement to controvert the same - Provision of O 8 R 1 are direcory & not mandatory - Hakam Singh's case relied...........
Hindu Succession Act, 1956, Section 6, 8 -- Mitakshara coparcenary property - Succession - Where a coparcener had left him surviving a female relative specified in Class I of the Schedule, his interest in Mitakshara Coparcenary property shall devolve by intestate succession and not by survivorship...........
Hindu Succession Act, 1956, Section 6, 8 -- Hindu Law - Succession - Appellant, three sisters and respondent (plaintiff) two sons born to coparcener who died in 1989 - Property in hands of father of parties - One son (plaintiff) born in 1938 and other son born in 1956 - No evidence on record if second son was born before or after coming into force of Hindu Succession Act,..........
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Decree passed under order 8 rule 5 or rule 10 - Application under order 9 rule 13 is not maintainable - The only remedy available is to file an appeal against the decree...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 8, 9, 10, 11, 12, 13 -- Failure of defendant or his Advocate to appear - Defendant to be proceeded ex parte and suit be adjourned for recording evidence of plaintiff - If on the adjourned date neither the defendants nor his Advocate appear, as contemplated by Rule 7, Court can proceed to pass a decree under Order 9 Rule 6 and..........
Civil Procedure Code, 1908, Order 8, Rule 5, Civil Procedure Code, 1908, Order 9, Rule 6 -- Plaintiff directed to prove his case in the absence of defendant, his counsel and his written statement - Does not mean, in every such case decree passed is one under Order 9 Rule 6 and not under Order 8 Rule 5 - Such decree when passed is whether one under Order 8 Rule 5 or Order 9..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Just like a plaint - Provision of Order 7 CPC apply to a counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Not disclosing cause of action or when it is barred by limitation - Court can dismiss the same at the threshold and need not to wait till evidence is taken...........
