Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Provision of O.8.R.1 CPC ordinarily ought to be adhered to - Court should not be too harsh to strike of the defence of defendant at very early stage - It is thus, deemed appropriate to grant one more opportunity to defendant for filing written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amending written statement are different from ones for amending the plaint - Defendant can take many pleas, which may be inconsistent or alternative pleas...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of subsequent purchasers - Plaintiffs came to know about execution of sale deeds by defendants in favour of subsequent purchasers on perusal of written statement filed by defendants and thereafter applications in question were filed - Limitation..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Forging - Scribe specifically stated that he has seen pronote written by him and amount was given - Other witness also supported plaintiffs case while specifically stating that amount in question was given - Plaintiff has duly discharged the initial burden upon him by examining the scribe of the pronote and receipt..........
Evidence Act, 1872, Section 91, 92 -- Exclusion of oral evidence - Relinquishment deed - Defendant given up his rights in suit property in favour of his father/plaintiff - Alleged oral assurance which father is stated to have given in favour of both of his sons, would not hold any value in the face of a registered relinquishment deed and is contrary to written text of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Words used in written statement cannot be taken as a ground of divorce, as grounds of divorce have to be set out in plaint itself and must be available to petitioner at the time of filing of divorce petition...........
