CPC : Order Rule 1 :

Click here: 

  1. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 3 - Plaintiff-petitioner want to examine expert by way of rebuttal evidence - Had concluded their evidence in the affirmative and reserved the right to produce evidence in rebuttal - Ground - That defendant while appearing in the witness box did not give clear answer as regards his signatures on the memo of partition - It is for the plaintiffs to prove their case in accordance with law on the basis of evidence - The fact his cross-examination did not make clear the point as to whether the said documents bear his signatures would not per se entitle the plaintiffs to examine a handwriting expert in rebuttal - Plaintiff has failed to lead any evidence to prove that the will is forged and in such circumstances at this stage when the case is fixed for rebuttal and final arguments, she cannot be permitted to delay the proceedings.      (177) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 5, Order 12, Rule 6 - Respondent/plaintiff in the application under Order 12, Rule 6 CPC specifically took up a stand that the legal notice terminating tenancy served by the respondent/plaintiff upon the appellant/defendant was replied to by the appellant/defendant by his reply - Stated "regarding legal notice etc everything will be decided in trial" is no denial as per Order 8 Rule 5 CPC to the factum of serving of the legal notice as also reply being given to the said legal notice terminating tenancy.
  3. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 5 - Evidence Act (1 of 1872) S. 58 - Will 30 years old - Due execution of Will, as pleaded by the plaintiff, has not been denied by the  defendants - Will stands proved and is deemed to have been admitted. (178) P.L.R.
  4. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 6-A - Plea that counter claim for possession could not have been filed after six years of filing of suit as it was not in consonance with the provisions of Order 8 Rule 6-A CPC, has no force, for the reason that limitation to seek possession of the property is 12 years.  (182) P.L.R.
  5. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 6A - Counter claim - Counter-claim preferred by the defendant in a suit is in the nature of a cross-suit and by a statutory command even if the suit is dismissed, counter-claim shall remain alive for adjudication - The purpose of counter-claim is to avoid multiplicity of the proceedings - When counter-claim of the defendant is dismissed on adjudication, it forecloses the rights of the defendant subject to appeal. (182) P.L.R.
  6. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 6A(1) - Counter Claim is not maintainable either after filing of the written statement or framing of issues or even adducing evidence by either of the parties - Counter claim can be filed provided the cause of action had accrued to the defendant before the defendant had delivered his defence or before the time limited for delivering his defence has expired. (182) P.L.R.
  7. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 6D - Counter claim - Return of plaint - Plaintiff could challenge the order on the ground that respondent No.2 was a proforma party and, therefore, the plaint could not have been ordered to be returned but plaintiff-respondent No.1 did not avail of the said remedy - In that eventuallity, the counter-claim could not be closed without any specific order passed by the trial court - Trial shall proceed to dispose of the counter-claim in accordance with law - The petitioner of course shall have to pay the amount of Court fee as applicable on the counter-claim. (177) P.L.R.
  8. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 6D - Counter claim - Return of plaint - Plaintiff could challenge the order on the ground that respondent No.2 was a proforma party and, therefore, the plaint could not have been ordered to be returned but plaintiff-respondent No.1 did not avail of the said remedy - In that eventuallity, the counter-claim could not be closed without any specific order passed by the trial court - Trial shall proceed to dispose of the counter-claim in accordance with law - The petitioner of course shall have to pay the amount of Court fee as applicable on the counter-claim. Surju Ram  v.  Shitla Parshad . (177) P.L.R.
  9. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 9 - Punjab and Haryana High Court Rules and Orders, Volume 5, Chapter 1, Part-E - Replication is always part of the pleadings and even as per the High Court Rules & Orders in Volume 1 Chapter 1 Part E dealing with the written statements, set-off and counterclaims under Clause 3, it is provided that where defendant has filed written statement, the Court may call upon the plaintiff to file the written statement in reply - Replication.  (178) P.L.R.
  10. Civil Procedure Code, 1908 (V of 1908) Order  8 - Written statement - Whether a minor, after attaining the age of majority, has a right to file an additional written statement, without repudiating the averments made in the written statement filed on his behalf by his guardian - Majority Act, 1875 (9 of 1875) S. 3 - Limitation Act, 1963 (36 of 1963) - That if a minor has a right to repudiate any action of his guardian upon attaining the age of majority by filing a suit within a period of 3 years, he would certainly have a right to take extra pleadings after attaining the age of majority which were not taken by the Court Guardian/Guardian due to ignorance and which could adversely affect the interest of such a person who could not plead his case on his own due to his legal disability at that time - Majority Act, 1875 (9 of 1875) S. 3 - Limitation Act, 1963 (36 of 1963). (178) P.L.R.