[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court
3 years, 4 months ago

[CPC] Court May Grant Leave Under Order XI Rule 5 To File New Documents Not Filed With Plaint: Delhi High Court

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The Delhi High Court recently ruled that under Order XI Rule 5 of the Civil Procedure Code, the court can grant leave to the plaintiff to file documents that were not filed with the plaint.Justice Asha Menon while observing so, allowed a petition that challenged the order of the Trial Court dismissing applications to place additional documents on record which were not initially produced when. The Delhi High Court recently ruled that under Order XI Rule 5 of the Civil Procedure Code, the court can grant leave to the plaintiff to file documents that were not filed with the plaint. Findings At the outset, the High Court observed, "When the application under Order VI Rule 17 CPC was filed specifically recording that it was after laboriously and meticulously going through the record, to answer the claim of the respondents that they have never raised any bills or invoices, that the documents could be traced, a sound explanation has come forth." Under Order XI Rule 5 CPC, the court can grant leave to the plaintiff to file documents, not filed with the plaint.

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History of this topic

Plaintiff Obligated To Serve Summons Along With Plaint
1 year, 3 months ago

Plaintiff Obligated To Serve Summons Along With Plaint

Live Law  

The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.A bench of Justice Aniruddha Bose and Justice Bela Trivedi, was hearing a challenge against an order of the original side of the Delhi High Court, Commercial Division. The Supreme recently …

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
1 year, 6 months ago

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure in the legal system is to advance the cause of justice rather than impede it. In a matter under Article 227 of the Constitution of India the petitioner had assailed an order passed by Sub …

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
1 year, 9 months ago

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court

Live Law  

The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
1 year, 10 months ago

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court

Live Law  

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide
1 year, 11 months ago

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

Live Law  

The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1 of the Code of Civil Procedure to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1 of CPC is mandatory …

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
2 years, 2 months ago

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court

Live Law  

The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10 of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. Justice Sandeep V. Marne of the Aurangabad Bench dismissed a writ petition challenging …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 4 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 5 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court
2 years, 5 months ago

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. The Delhi High Court has observed …

Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court
2 years, 5 months ago

Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court

Live Law  

The Supreme Court observed that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be claimed as a matter of right.The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse …

CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court
2 years, 5 months ago

CPC | Order VI Rule 17 Obligates Litigant To Make All Amendments Necessary For Determining Real Questions In Controversy: Delhi High Court

Live Law  

The Delhi High Court has held that Order VI Rule 17 of CPC casts an obligation on the litigant to carry out all such amendments as are necessary for the purpose of determining the real question in controversy. A single judge bench of Justice C. Hari Shankar observed that the use of word "shall" later in Order VI Rule 17 …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 6 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent
2 years, 7 months ago

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent

Live Law  

The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case. The order was passed by a division bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba: "In the meanwhile, counsel for the …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 7 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court
2 years, 8 months ago

Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not 'Non-Est' Filing: Delhi High Court

Live Law  

The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. It was thus submitted that the written statement was filed within the time of 120 …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 8 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
2 years, 9 months ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court
2 years, 9 months ago

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to …

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court
2 years, 10 months ago

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court

Live Law  

The Delhi High Court recently reiterated that "provisions of Order VIII Rule 1 CPC make it clear that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit". It …

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court
2 years, 10 months ago

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court

Live Law  

The Delhi High Court has held that Order XXI Rule 37 of the Code of Civil Procedure does not provide for a judgment debtor or its directors to file their list of assets.Justice Amit Bansal thus set aside the order of the District Judge, Patiala House Courts directing the Directors of the Judgement-Debtor Company to file affidavits of personal assets. …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains
3 years, 3 months ago

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains

Live Law  

The Calcutta High Court last week while adjudicating upon a commercial suit expounded in detail whether a 'statement of truth' in a written statement is a mandatory requirement under the Commercial Courts Act, 2015 and whether its absence warrants the disposal of the defence in the suit. Justice Moushumi Bhattacharya observed while opining on the changes brought in by the …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 4 months ago

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

Live Law  

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial …

Classic Textbook Case Of How Not To Draft A Plaint, Which Should Be Taught In Law Colleges : Delhi High Court About Juhi Chawla's Suit
3 years, 6 months ago

Classic Textbook Case Of How Not To Draft A Plaint, Which Should Be Taught In Law Colleges : Delhi High Court About Juhi Chawla's Suit

Live Law  

The Delhi High Court has made certain strong critical observation against the "defective and vexatious" civil suit filed by Hindi film actor Juhi Chawla seeking to stop the roll out of 5G technology raising apprehension about dangers of radiation. However, the plaintiffs have not complied with Order VI Rule 2 of the Code of Civil Procedure as The statement of …

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave
3 years, 7 months ago

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave

Live Law  

The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave.A single judge bench comprising of Justice Rekha Palli issued notice in the plea filed by Advocate. The …

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA
3 years, 9 months ago

Delhi Riots : High Court Vacates Stay On Trial Of 'Larger Conspiracy' Case Under UAPA

Live Law  

In view of the Delhi government's submission that the accused in the case are at liberty to collect a complete hard copy of the filed chargesheet from the trial court on Mar 25, the Delhi High Court today vacated its stay on the trial of the case. The Court had earlier stayed the trial in the case under the Unlawful …

"Lower Courts May Proceed Virtual Hearings On Listing Date In Absence Of Parties/Lawyers": Delhi High Court
4 years, 1 month ago

"Lower Courts May Proceed Virtual Hearings On Listing Date In Absence Of Parties/Lawyers": Delhi High Court

Live Law  

The Delhi High Court today notified in an order, modification of its earlier order dated 15.8.2020 and directed that all subordinate courts may now proceed with adequate proceedings in the absence of a party or advocate depending on the matter's urgency and other attending circumstances, if the party or advocate despite due intimation from the court about case listing fail …

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]
4 years, 2 months ago

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]

Live Law  

Delhi High Court has refused to set aside the order dated 28/08/20 passed by the court's Registrar General whereby submission of court fee and duly attested affidavit has been made mandatory while filing petitions. The order has come in a plea moved by a senior citizen, who's residing in Jalandhar, seeking court's direction to quash the order dated 28/08/20 passed …

[Section 25 CPC] 'First Past The Post' Principle Cannot Be Applied While Deciding A Transfer Petition: SC [Read Judgment]
4 years, 6 months ago

[Section 25 CPC] 'First Past The Post' Principle Cannot Be Applied While Deciding A Transfer Petition: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the "First past the post" principle cannot be applied while considering a petition for transfer under Section 25 of the Code of Civil Procedure. The Court was considering a petition seeking transfer of a suit for partition and certain other ancillary reliefs instituted in the Delhi High Court. Justice Bose said: "A petition for …

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