Court : Mumbai
Reported in : 2008(3)ALLMR179; 2008(1)MhLj849
..... the high court has rightly pointed out that even if the plaintiff had sought amendment of the pleadings in the pending matter and claimed decree for possession, the legal ..... that plea of reversion cannot be looked into because as per article 141 of indian limitation act, 1908, the possession of present defendant became adverse to plaintiff immediately upon death of thakabai on 6-8-1951 and period of 12 years had also expired before the amended provisions vide article 65(b) of limitation act, 1963 were brought into force. ..... me, defendant has not even argued that suit as filed was deficient in any respect and therefore, amendment which made up that deficiency cannot be treated as relating back to the date of institution of suit ..... answer to the two questions as above, i quash and set aside the judgment and decree dated 30-8-1988 delivered by joint district judge, nagpur in regular civil appeal 470 of 1984 and also the judgment on decree dated 21-7-1984 delivered by third joint civil judge, junior division, nagpur in regular civil suit 272 of 1982. ..... nature and character of possession and defence of narayan is already discussed ..... defendant/present respondent stands by his defence of induction as licensee and protection under section 60 of easements act.a) in case of jagat ram v ..... the defence taken by present defendant has been that he was licensee and ..... defence of present respondent was that as he married niece of thakabai and adjacent plot was lying vacant, thakabai permitted him to occupy and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1808; 1995(4)KarLJ733
..... for the aforesaid reasons, this civil revision petition is allowed and the learned munsiff shall permit defendant-3 to incorporate the amendment. ..... it is obvious that defendant-3 prayed that he should be permitted to take up one more stand by way of defence for the same relief, on a different on the same set of facts. ..... what was laid down in this case is that an amendment which deprives the party of a legal right accrued to him, cannot be granted. ..... it is open to the plaintiff to show that the stand taken by the defendant-3 through the amendment is false. ..... the amendment, if allowed, will not change the character of the suit. ..... defendant-3 set up the defence that he has full title and is exclusively in possession.3. ..... the learned munsiff was wrong in not allowing the amendment. ..... it is laid down by this court relying on the supreme court authority that if lapse of time has barred the remedy, the court should ordinarily refuse such amendment. ..... iii and refused to allow the amendment.4. ..... this civil revision petition has been filed by defendant-3 in o.s.no. ..... what was considered in this decision is section 16(c) of the specific relief act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(3)ALD867; 2005(3)ALT301
..... was in this context, that order viii was subjected to substantial changes, through the code of civil procedure (amendment) act, 1999 (act 46 of 1999). ..... as it relates to order viii, rule 1 came to be enacted as under:'order viii rule 1: written statement:- 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, for reasons to be ..... (b) after the amendment act, through act 46 of 1999, written statement was required to be filed at the first hearing or within such time as the court may permit, which shall not be beyond 30 days from the date of service of ..... different time frame came to be stipulated through amendment act 22 of 2002. ..... no sooner the writ of summons is served on him he should take steps for drafting his defence and filing the written statement on the appointed date of hearing without waiting for the arrival of the date appointed in the summons for his appearance in the ..... 1 merely requires that the defendant should present a written statement of his defence within the time permitted by the court. ..... shall at or before the first hearing or within such time as the court may permit, which shall not be beyond thirty days from the date of service of summons on the defendant, present a written statement of his defence.' 11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All211
..... 'then dealing with the connotation of the term 'cause of action' in the context of an application for amendment of pleading the supreme court observed;'the expression 'cause of action' inthe present context does not mean 'everyfact which it is material to be proved toentitle the plaintiff to succeed' as wassaid in ..... one of the defences raised was that the suit for possession was barred by order 2, rule 2, of the civil procedure code because in the earlier suit the plaintiff had failed to include the relief of ejectment ..... this was the position until the common law procedure act, 1852 was passed when the two actions were enabled to ..... acceptance of amount from the lessee which is equivalent to rent after the tenancy had been determined would not amount to acceptance of rent from a lessee within the meaning of section 116 of the transfer of property act noticing this legal position it was observed in ganga dutt v. ..... of a right belonging to one person and some wrongful act or omission by another by which that right has been violated ..... tirupati's case did not take note of the fact that in the code of 1877 section 10 had been dropped and remarked:'we do not consider that the difference in the language of section 43 of the present act and sections 7, 9 and 10 of act viii of 1859 warrants the appellant's contention. ..... the judicature act and the rules of practice framed thereunder came into force in england and having regard to these changes the indian code of civil procedure of 1877 (act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All90
..... , held:having regard to the usefulness of the sale of food and drugs act, i think it is most important that we should not throw any doubt upon the decision to the effect that want of guilty knowledge is no defence to a prosecution of this kind, and that if a servant acting within the scope of his authority commits an infringement of the act the master is responsible.his lordship went on to hold that in cases of this kind; however, only a nominal penalty need be imposed ..... interpretation cannot be controlled by the suggestion that because the legislature has made amendments in one act it necessarily follows that in another enactment the master is not to be held liable for the act of his servant. ..... learned judge went on to hold that the rulewhatever a servant does in the course of his employment with which he is entrusted and as a part of it is the master's act,which is of general application so far as civil liability goes, 'is applicable to certain criminal proceedings also'. ..... in a civil action the master is liable for damages for injury caused to another by the negligence of the servant while acting within the scope of his authority or in the course of his ..... ,deputy secretary to government, civil supplies (b) department, tothe district magistrate, cawnpore.dated luoknow, 17th may ..... for public nuisances, no civil action could be brought in england and the only remedy was by an indictment and the master could always escape liability by setting a servant upon work that, may result in a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All454
..... interpreted the decision in bhim sen's case as not involving the decision that a defence that the provisions of the act or the rules had not been complied with in respect of other ballot paper also could be taken only through a notice of recrimination.in the other case of brij mohan lal civil misc writ no. ..... on 14-12-1962 the opposite party made an application under rule xvii of order vi for amendment of this election petition, by adding paragraphs 18 (d) (i), 18 (d) (ii) and 18 (d) (iii) containing three lists, (1) of invalid votes wrongly counted as valid votes cast in the petitioner's favour (2) of valid votes cast in the opposite party's favour but wrongly rejected ..... after inspecting the ballot paper brij mohan lal applied for amendment of his recriminatory statement by including the allegations that valid votes cast in his favour were wrongly rejected or were wrongly counted as votes cast in favour of other candidates and that void votes were wrongly counted ..... this court quashed the order of the tribunal allowing the amendment and bhim sen appealed from its judgment to the supreme ..... bhim sen examined the ballot papers and applied for amendment of the petition by giving particulars of void votes received by gopali and the amendment was allowed by the tribunal. ..... that the tribunal could allow the amendment and the additional written statement.14. ..... was allowed by the tribunal on 14-12-1962 and the petitioner was ordered to file another supplementary written statement to the amendment. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1186
..... that the trial court has misconstrued the provisions of order xv rule 5 of the code of civil procedure and wrongly struck off the defence of the defendant-applicant inasmuch as under order xv, rule 5 of the code of civil procedure, only admitted amount is to be deposited by the defendant-applicant but defendant-applicant has not admitted any amount which is due and as such, the defence was not liable to be struck off : and 2. ..... therefore, the only question which is required to be considered is whether the applicant has incurred penalty of having his defence struck off for non-compliance of the mandate with regard to deposit of the monthly amount due within a week from the date of its accrual regularly during the continuation of the suit ..... that the application of the plaintiff-opposite parties for striking off the defence of the applicant was notmaintainable after close of the evidence of the plaintiffs' witnesses and the trial court committed illegality in entertaining and allowing the application. ..... instant revision under section 25 of the provincial small cause courts act, 1887, as amended by the state of u. p. ..... commits default in making the deposit of the monthly amount due during the continuation of the suit, even after the closure of the evidence of the plaintiff, the court shall have power to strike off defence, and to consider the application made by the landlord under order xv. ..... the provisions of rule 5 of order xv of the code, as amended by the u. p. ..... and eviction) act. ..... act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All371
..... similarly section 15(b)(iv) of act 22 of 2002 provides that order viii, rules 1, 1-a, 8-a, 9 and 10 as amended shall not apply to written statement filed before commencement of section 18 of act 44 of 1999 or section 9 of civil procedure code amendment act 2002. ..... it is true that reference to certain provisions to which the amended provisions would not apply has been given in the amending acts 22 of 2002 for instance section 15(b)(ii) of act 22 of 2002 amends section 32 of clause (j) of act 46 of 1999 and provides that rules 1, 2, 6, 7, 9, 9-a, 19-a, 21, 24 and 25 of order v as amended would not apply to pending suits. ..... but from this fact itself no conclusive inference can be drawn and the scheme of the amending act, which has been analysed above is to be considered to draw out the legislative intent. ..... the code of civil procedure was amended by act no. ..... order 5, rule 1 now provides for the summons to be issued to the defendant not only to appear and answer the claim but to file the written statement of his defence as well and that too within 30 days from the date of service of summons on that defendant. ..... under the proviso to this rule the court was empowered to direct the defendant to file the written statement of his defence on the date of appearance and to cause an entry to be made to that effect in the summons. ..... order 8, rule 1 provided that the defendant shall on or before the first hearing or within such time as the court may permit present a written statement of his defence. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP134; 1988MPLJ665
..... tenant fails to deposit or pay to the landlord month by month the rent which becomesdue from the date of the filing of the application before the rent controlling authority under section 23-a of the said act, on sufficient cause being shown by the tenant the delay in depositing the same by the tenant can be condoned and if the tenant persists in making such default, on an application being filed by the landlord the ..... pass any decree or order for arrears of rent claimed prior to the date of the application nor he has any jurisdiction or authority to pass a decree .of eviction on the ground of section i2(l)(a) of the said act.therefore, in the decision reported in 1986 mprcj 137 (supra) and 1987 mprcj 92 (supra) it has been rightly held that the rent controlling authority has no jurisdiction to pass any decree for arrears of past rent ..... held as under :'by the amending act of 1983, chapt. ..... at the hearing of this petition, on the question whether the rent controlling authority has jurisdiction to strike out defence of a tenant in proceedings instituted for ejectment under section 23-a of the said act, the learned single judge felt that there being conflicting decisions of this court on this point, the controversy deserves to ..... arrears of rent and for eviction on the ground of section 12( l)(a) of the said act, the only remedy of the landlord is to file a regular civil suit in the civil court having jurisdiction. ..... landlord has the only remedy of approaching the competent civil court. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1991)DMC444
..... the court can in the exercise of its inherent powers under section 151 of the code of civil procedure passed in order striking out the defence of a respondent husband if he deliberately and contumaciously flouts the order of the court. ..... since who appellant failed to pay that amount, the learned trial court, by order dated 19-3-1986, struck off the defence and adjourned the suit for evidence of both the parties to 4-4-1986. ..... learned counsel for the appellant argued that the learned trial court has no jurisdiction to strike off the defence of the appellant in the event of non-payment of the interim maintenance. ..... the appellant has, however, not explained as to why this defence, though available when this case was pending in the trial court, was not raised. ..... by the proposed amendment of para 7, the plea based on murwara court's judgment is sought to be raised. ..... these cases have been annotated at page 874, under section 24 of the hindu marriage act, 1955, by mulla in principles of hindu law, fifteenth edition. ..... the amendment, if allowed, will result in serious injustice to respondent nos. ..... the amendment to introduce this plea as well cannot be allowed since it is highly beleted and there is no explanation for the same. ..... the same principles would apply to the non-payment of interim maintenance under the hindu adoption and maintenance act, 1956.6. .....
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