Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant as per O.8.R.6-A(1) CPC may assert any right or claim against plaintiff before filing of written statement, even if such cause of action is unrelated to plaintiff's suit - Only limitation is that counter-claim must lie within pecuniary jurisdiction of Court...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Use of words "any communication" means that bar in S.122 of the Act applies to disclosing all kinds of communication and not just private/confidential communication - Communication may also be oral or written or sign language...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff may move for judgment upon admission by defendant in his written statement at any stage of suit although he has joined issue on defence - Likewise, a defendant may apply for dismissal of suit on basis of admission by plaintiff in rejoinder - Court may, in an appropriate case, give a judgment..........
Oral consent -- Order passed on the basis of oral consent of counsel which is expressly recorded in the order - All the Constitutional Courts in India accept oral statements made on behalf of the parties - Order passed cannot be reviewed on the ground that there was no written consent...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering question of rejection of plaint, it is plaint alone which has to be read meaningfully and not any averment in written statement - It is also necessary sometimes to consider documents annexed to plaint for a holistic and comprehensive reading of plaint in order to decide whether plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
