Court : Patna
..... before the code of civil procedure (amendment) act 1999 (act 46 of 1999) and the code of civil procedure (amendment) act 2002 (act 22 of 2002) the provision of rule 1 of order viii in the code of 1908 was as follows :rule ..... -- the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence :provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the ..... -- the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the court ..... with an earlier direction should not necessarily visit the tenant with the consequence of his defence being struck off because there might be myriad situations in which default may be ..... -- no pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the court and upon such terms as the court thinks fit; but the court may at any time require a ..... creating of any kind of substantive right in favour of the complainant by reason of which the respondent may be debarred from placing his version in defence in any circumstances whatsoever .....
Tag this Judgment!Court : Patna
..... , the petitioner is neither taking an inconsistent plea or a mutually destructive plea to his defence, and 1 am of the opinion that the said decision is of no assistance to the petitioner as the respondent has explained the reasons for not raising the proposed plea in the written statement as it has been stated by him in his amendment application that he had no knowledge about the facts sought to be incorporated in the written ..... punjab & haryana high court in isher (supra), referred to by the learned senior counsel for the petitioner, it was held that amendment of a written statement cannot be granted if it would convert the defence into another of a different and inconsistent character.56. ..... the act or the code of civil procedure has been brought to my notice by the counsel which prevents the respondent in an election petition to seek leave of the court to incorporate those facts in the written statement which had come to his knowledge after filing of the written statement, moreover, if the contention of the learned senior counsel for the petitioner is accepted, the respondent could under no circumstances seek leave of the court to amend ..... by proposing to take such a plea, it cannot be said that the respondent seeks to raise a plea which is inconsistent with his defence already set up in his written statement or the proposed plea is mutually destructive of the stand already taken in the written statement nor can it be said that a new cause of action is sought to be pleaded by the .....
Tag this Judgment!Court : Patna
..... in respect of a cause of action accruing to the defendant against the plaintiff either before or after filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired whether such counter-claim is in the nature of a claim for damage or not:provided that such counter-claim shall not exceed the pecuniary limits ..... the powers to proceed further in the matter and so far as the pending cases are concerned, the suits shall automatically stand transferred by operation of law and that the civil courts have to pass merely a formal order and have to forward the records of the cases to the tribunal.8. after hearing the submissions made by the learned counsel of ..... (amendment) ..... 355) (supra), one of the question arose in that case was that if a civil suit is instituted before the civil court is liable to be transferred to tribunal on account of latter's exclusive jurisdictional competence to try it, whether the civil court should transfer the cross suit or cross-claim also to the tribunal along withthe ..... am of the opinion that the court below has not committed any illegality in the exercise of jurisdiction by retaining the counter claim of the defendant as the civil court has jurisdiction to proceed with the counter-claim as a cross suit or independent suit and pronounce judgment in accordance with law.15 ..... defence by way of counter claim or set off is concerned, specific procedure has been provided under the code of .....
Tag this Judgment!Court : Patna
..... by amending act 1955, the civil court was vested with power to order eviction ..... deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by the fifteenth day of the next following month, the court shall order the defence against ejectment to be struck off and the tenant to beplaced in the same position as if he had not defended the claim to ejectment and further the court shall not allow the tenant to cross-examine ..... the past history of the legislation, mischief in the previous legislation, the intention of the legislature in adding the aforesaid expressions in section 15, the purpose and object of the provision, i hold that section 15 of the act empowers the court to pass an order for arrears of rent even prior to the institution of the suit for a period not barred by limitation as well as for arrears of rent and rent by month to month during ..... arrears of rent within fifteen days of the date of the order or the rent at such rate for any month by the fifteenth day of the next following month, the court shall order the defence against ejectment be struck out and the tenant to be placed in the same position as if he had not defended the claim to ejectment. ..... is satisfied that any dispute referred to in sub-section (2) has been raised by a tenant for reasons which are false or frivolous the court may order the defence against the eviction to be struck off and proceed with the hearing of the suit as laid down in sub-section (1).' 13. .....
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..... this respondent was appointed in the year 1966 and in the year 1975 he was awarded president home-guard and civil defence medal and on the basis of the said award he filed a representation before the authority concerned to give him out of turn promotion as envisaged in rule 660-c of ..... were officiating in the rank of inspectors in civil defence organisation which is subsidiary organisation of the home- ..... 1 and 2 were appointed as civil defence instructor which is equivalent to the rank of inspector vide order ..... gold medal from national civil defence college, nagpur. ..... was appointed as civil defence instructor on 29.3.74 ..... was given retrospective promotion in the rank of inspector on the ground that said mishra has been conferred president's award and home guard civil defence medal mr. ..... lost their seniority as a result of retrospective promotion of the petitioner initially ordered on 1.1.1982 retrospectively from 1.7.81 which later on was amended to reflect 23.8.1975 which was the date of the publication in the india gazette of the president's order conferring the gallantry medal to ..... higher promotion in the rank of district commandant.rule 660 of the police manual applies in the case of the respondents, in view of section 21 of the bihar home guard act, 1947 which speaks as follows-the provisions of the bihar police manual shall apply as far as may be, to the homeguards force unless such provision is repugnant to any of the provisions of bihar home guard act and rules 1 to 20 and 22.9. .....
Tag this Judgment!Court : Patna
..... according to the provisions of order vi, rule 17 of the code of civil procedure, a court is empowered to allow amendment at any stage of the proceeding in such manner, as may be necessary for the purpose of determining the real question in controversy between the ..... said power conferred on the court does not enable it to override the statutory limitations contained in section 16 of the specific relief act, 1963 and section 54 of the limitation act, 1963 which preclude the grant of the relief of specific performance of a contract except within the period prescribed by the section.12. ..... is merely a particular case of this general rule than where the plaintiffs seek to amend by setting up a new claim in respect of a cause of action which since the institution of suit had become barred by limitation, the amendment must be refused; to allow it would be to cause the defendant an injury which could not be compensated in costs by depriving him of a good defence to the claim. ..... proceeding to consider the rival contention of the learned counsel appearing for the parties, it is worth to be looked into the provision of section 22 of the act which reads as under:-power to grant relief for possession, partition, refund of earnest money, etc. ..... 3 of the limitation act speaks of bar of limitation providing that subject to the provisions contained in sections 4 to 24 (inclusive) every suit instituted, after the prescribed period shall be dismissed, although limitation has not been set up as the defence. .....
Tag this Judgment!Court : Patna
..... . it provided, inter alia, that notwithstanding anything contained in section 3, 3(a), 3(d) of the bihar land reforms act, 1950, all notification issued, actions taken or things done in respect of the vesting of the estate or tenure in the state during the period commencing from 25-9-1950 and ending with the commencement of the said amendment act shall always be deemed to have been validily issued and shall not be called for question solely on the ..... time the suits had already been disposed of by the impugned judgment and decree dated 3-3-1990 and thus the civil revision application became infructuous and hence in terms of order dated 28-2-1992, the civil revision application was withdrawn, as prayed from the side of the stale of bihar that the same had become ..... the fourth point that the proposed amendment completely changes the nature of defence and the cause of action ..... all the properties held by trustees for religious and charitable purposes also vest under the bihar land reforms act to the, state, even the land held by the defence of india does also come within the purview of the definition of the estate ..... are : (i) the application for amendment was not supported by a valid affidavit; (ii) the application is mala fide; (iii) the proposed amendment deprived the swetambars of a valuable right that has already been accrued to them; (iv) the proposed amendment completely changes the nature of defence and the cause of action; (v) the proposed amendment is absolutely false and vexatious .....
Tag this Judgment!Court : Patna
..... learned counsel submitted that the court below has committed grave error of law in holding that the proposed amendment will amount to withdrawal of the admission which is not permissible in view of the principle lald down by the apex court in the case of heeralal ..... noticed above, it is only because of the defence of maintainability of the partition suit as being barred for partial partition the plaintiffs amended the plaint and included orchard bearing plot no. ..... in view of the defence taken by the defendants the plaintiffs filed a petition for amendment of the plaint for addition of the aforesaid plot ..... said suit was compromised and a compromise decree was passed, however, the compromise decree was not acted upon, inasmuch as the parties did not partition the property as per terms of the compromise decree ..... 180 is still joint and, therefore, the proposed amendment if allowed will not amount to withdrawal of the ..... the defendants-petitioners then filed an amendment petition seeking amendment of paragraph 5 of the written ..... of the original paragraph of the written statement and the proposed paragraph sought to be substituted it is manifest that in the original pleading the defence of the defendant is that the orchard bearing plot no. ..... 1995, whereby he has rejected the amendment petition filed by defendant nos. ..... this civil revision application is ..... this civil revision application is directed against the order dated 10.6.1998 passed by the subordinate judge i, patna, in title (partition) suit .....
Tag this Judgment!Court : Patna
..... supreme court observed that section 66 of the indian income tax act, 1922 or section 256 of the income tax act, 1961 is a special jurisdiction of a limited nature conferred not by the code of civil procedure or by the charters or by the special acts constituting such high courts but by the special provisions of the income tax act, 1922, or 1961 act for limited purpose of obtaining high court's opinion on question ..... be considered not only on the nature and character of the authority, whether it is a court or not but also on the nature of powers conferred on such authority or court, the scheme underlying the provisions of the act concerned and the nature of powers, the extent thereof or the limitations, if any, contained therein with particular reference to the intention of the legislature as well, found expressed therein. ..... that if a period of limitation is prescribed under the special or local law the section 3 of the limitation act, shall stand amended to that extent and in the given case the provisions contained in sections 4 to 24 shall apply. ..... provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence, (2) for the purposes of this act -(a) . ..... (1) of section 3, every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. .....
Tag this Judgment!Court : Patna
..... ' challenge is to the order dated 21.05.2o05 passed in the sane suit whereby in view of non-compliance of the direction given in the order dated 25.02.2005, the plaint was rejected and the third civil revision application being c r no 1557 of 2005 is also by the plaintiffs challenging the order dated 31.05.2005 by which consequent to the plaint being rejected, the arrears of rent and the rent deposited ..... at length and recording evidence in detail having determined the relationship of landlord and tenant going into the question of title, the plaint ought to have been amended into a title suit on payment of proper court fee and valuation and, as such, set aside the decree and remitted the matter to trial court. ..... it appears that the main controversy is whether in an eviction proceedings instituted with reference to the bihar buildings (lease, rent and eviction) control act (hereinafter referred to as 'bbc act'), can the question of title be gone into and if so to what extent white determining, the question of landlord and tenant relationship. ..... civil revision application before this court being civil revision no 1323 of 2003 which was disposed of by order dated 13.05.2004 wherein the defendant was permitted to amend ..... held that the question of suit valuation or court fee has to be decided on basis of the plaint and not on the basis of averments made in the written statement or the defence set up in the written statement. ..... the office of the controller of defence (accounts) at patna. .....
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