The Supreme Court on Monday observed that the failure of the defendant to give para wise reply against the claim made by the plaintiff would make the allegations made in the plaint as admitted against the defendant.“Order VIII Rules 3 and 5 CPC clearly provides for specific admission and denial of the pleadings in the plaint. After finding that there …
Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …
The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …
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 …
