Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement made by a party or by his counsel towards compromise which is taken down in writing is as good as a written compromise and would satisfy requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, petitioners have denied averment in original application as to applicant no.3 being unemployed in their reply - Even if the applicant no.3 has been employed with bank, regular or contractual..........
Adverse possession -- Suit for recovery of possession - Plea of adverse possession not taken by defendant in suit - Where defendant was owner of only a portion of suit property but had admittedly been in possession of entire suit property and defendant has in written statement claimed to be in continuous possession or years as owner, defence of defendant in his written..........
Agreement to sell -- Specific performance - Moulding of relief - Defendant admitted that he borrowed sum of Rs.5000 from husband of plaintiff - Held, Court while dismissing suit on cause of action, moulded relief based on admission of defendant in written statement and directed defendant to repay plaintiff a sum of Rs.5000/- with interest 6% p.a...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Extension of time - Use of word `shall' in O.8.R.1 CPC though ordinarily indicates mandatory nature, but having regard to context in which it is used or having regard to intention of legislation, same can be construed as directory - There is thus, no restriction in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Defendant Nos. 1 and 3 died and had neither put in appearance nor had filed any written statement - Plaintiffs thus, entitled for allowing of their application giving benefit of O.22.R.4 CPC...........
