CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654

Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Amendment of written statement – A pleading is required to state material facts and not evidence by which they are to be proved - In the written statement filed by respondent–tenant, he has already taken up a plea that petitioner/landlord has got several properties at Ludhiana in the localities Prem Nagar, Islamganj, Ghumar Mandi and Dugri etc. - The petitioner/landlord has already got his statement recorded and he has been cross-examined on behalf of the respondent/tenant with regard to his other properties - The respondent would get an opportunity to produce evidence in respect of the other properties said to be owned by the petitioner - Thus amendment of the written statement giving details of these properties is not required – East Punjab Urban Rent Restriction Act 1949 (III of 1949) Section 13.
2022 PLRonline 7654

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Tags: (2022-1)205 PLR 465, 2022 PLRonline 7654, CPC O. 6 R. 17, East Punjab Urban Rent Restriction Act S. 13, SOM NATH v. GUPTA RAM KHATRI

Tags: (2022-1)205 PLR 465 2022 PLRonline 7654 CPC O. 6 R. 17 East Punjab Urban Rent Restriction Act S. 13 SOM NATH v. GUPTA RAM KHATRI

CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

COI Art. 226 – Prayer for changing category from BCA to Scheduled Caste when selection process is complete - Not allowed. 2022 PLRonline 7854

Evidence – Additional evidence – Certified copies of Jamabandies can be tendered being per se admissible - Qua notarized photocopy of sale deed – Merely because a document has been exhibited does not mean that it is admissible in evidence unless it is shown otherwise. 2022 PLRonline 7454

CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654

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