However, we may not be misunderstood as nullifying the entire force and impact - the entire life and vigour - of the provision. The delaying tactics adopted by the defendants in law courts are now proverbial as they do...
written Statement
Pranav Verma & Others Vs. The Registrar General of the High Court of Punjab and Haryana at Chandigarh & anr-As regards the petitioners' plea that marks of the Main Exam should be disclosed before conducting viva-voce, we are of...
The condition precedent for proceeding under Rule 10, therefore, is that the court must require the defendant to file the written statement and if one being so required the defendant fails to comply with the order within the time...
Documentary evidence to be produced (at or before the settlement of issues ) - 1. The parties or their pleaders shall produce, (at or before the settlement of issues ), all the documentary evidence of every description in their...
In the instant case court at least could have allowed the defendant/ O/P/ No. 1 to cross-examine the P.W. 1 particularly when the ex parte order was not delivered and the same was adjourned to a different date without...
Although, it was open for the Court to exercise its power under Order 8 Rule 5 of the Code of Civil Procedure in view of absence of specic denial to the pleadings of the plaintiff and to take the...
Sopan Sukhdeo Sable and others Vs Assistant Charity Commissioner and others [ALL SC 2004 JANUARY]

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KEYWORDS:- Rejection of Plaint AIR 2004 SC 1801 : (2004) 1 SCR 1004 : (2004) 3 SCC 137 : JT 2004 (2) Suppl. SC 515 : (2004) 2 SCALE 82 (SUPREME COURT OF INDIA) Sopan Sukhdeo Sable and others...
KEYWORDS: Written statement- Rejection of Plaint- AIR 2003 SC 759 : (2002) 5 Suppl. SCR 491 : (2003) 1 SCC 557 : JT 2002 (10) SC 558 : (2002) 9 SCALE 616 (SUPREME COURT OF INDIA) Saleem Bhai and...
The law has been settled by Court in various decisions that while considering an application u/o 7 rule 11 of CPC, the court has to examine the averments in the plaint and the pleas taken by the defendants...
Bombay High Court Decided on: 12 February 2004 Jaikisan S/O Jaynarayan Bhaiyya vs United Western Bank Ltd. Equivalent citations: 2004 (5) BomCR 705, 2004 (2) MhLj 755 Bench: A Oka 1. By an Order dated 20th January, 2004 it was...
Under Order 8 Rule 5 (2) of the CPC, if the defendant has not filed a pleading (which is the written statement) the Court can pronounce judgment upon the facts contained in the plaint but, the Court may require...
KEYWORDS:- Condonation of Inordinate Delay- DATE:- MAY 07, 2018 ACTS:- Order VIII Rule 1 of the Code of Civil Procedure, 1908 HELD:- “We fail to persuade ourselves with this kind of reasoning given by the High Court in condoning the...
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