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ORDER VI PLEADINGS GENERALLY - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is Departure? What is Denial of contract? What is the Effect of document to be stated, Malice, knowledge, etc? What is notice Notice? What is Implied contract, or relation? Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908

Departure, Denial of contract, Effect of document to be stated, Malice, knowledge, et, Notice and Implied contract, or relation are defined under Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 7 Order VI of Code of Civil Procedure 1908 "Departure"

No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

Rule 8 Order VI of Code of Civil Procedure 1908 "Denial of contract"

Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract.

 

Rule 9 Order VI of Code of Civil Procedure 1908 "Effect of document to be stated"

Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

CODE OF CIVIL PROCEDURE 1908

ORDER VI PLEADINGS GENERALLY

What is Pleading? What is the meaning Pleading to state material facts and not evidence? What are the Forms of pleading? What are the Particulars to be given where necessary? What is Further and better statement, or particulars? What is Condition precedent? Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908

 

 

What is Departure? What is Denial of contract? What is the Effect of document to be stated, Malice, knowledge, etc? What is notice Notice? What is Implied contract, or relation? Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908

What is Presumptions of law? What is the meaning of Pleading to be signed? What is Address for service of notice? What is Verification of pleadings? What is Striking out pleadings? What is Amendment of pleadings? What is Failure to amend after order? Rule 13, 14, 14A, 15, 16, 17 and 18 of Order VI of Code of Civil Procedure 1908

ORDER VII PLAINT

What is Pleading? What is the meaning Pleading to state material facts and not evidence? What are the Forms of pleading? What are the Particulars to be given where necessary? What is Further and better statement, or particulars? What is Condition precedent? Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908

What is the meaning of Relief to be specially? What is Relief founded on separate grounds? What is the Procedure on admitting plaint- Concise statements? What is Return of plaint? What is the Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return? What is the Power of appellate Court to transfer suit to the proper Court? What is Rejection of plaint? What is the Procedure on rejecting plaint? Rule 7, 8, 9, 10, 10A, 10B, 11 and 12 of Order VII of Code of Civil Procedure 1908

Where rejection of plaint does not preclude presentation of fresh plaint? What is the meaning of Production of document on which plaintiff sues? What is Statement in case of documents not in plaintiff's possession or power? What are Suits on lost negotiable instruments? What is Production of shop-book? What is Inadmissibility of document not produced when plaint filed? Rule 13, 14, 15, 16, 17 and 18 of Order VII of Code of Civil Procedure 1908

 

 

ORDER VIII WRITTEN STATEMENT, SET OFF AND COUNTER CLAIM

What is Written statement? What is the meaning of New facts must be specially pleaded? What is Denial to be specific? What is Evasive denial? What is Specific denial? Rule 1, 2, 3, 4 and 5 of Order VIII of Code of Civil Procedure 1908

What are the Particulars of set-off to be given in written statement? What is Counter-claim by defendant? How Counter-claim to be stated? What is Exclusion of counter-claim? What is the Effect of discontinuance of suit? What is Default of plaintiff to reply to counter-claim? What is Relief to defendant where counter claim succeeds? What are Rules relating to written statement to apply? What is Defence or set-off founded upon separate grounds? What is New ground of defence? What is the Duty of defendant to produce documents upon which relief is claimed by him? What is Subsequent pleadings? What is the Procedure when party fails to present written statement called for by Court? Rule 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 7, 8, 8A, 9 and 10 of Order VIII of Code of Civil Procedure 1908

ORDER IX APPEARANCE OF PARTIES AND CONSEQUENCE OF NON APPEARANCE

What is the meaning of Parties to appear on day fixed in summons for defendant to appear and answer? What is Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs? Where neither party appears, suit to be dismissed? What is the meaning Plaintiff may bring fresh suit or Court may restore suit to file? What is Dismissal of suit where plaintiff after summons returned un served, fails for one month to apply for fresh summons? What is the Procedure when only plaintiff appears? What is the Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance? Rule 1, 2, 3, 4, 5, 6 and 7 of Order IX of Code of Civil Procedure 1908

What is the Procedure where defendant only appears? What is the meaning of Decree against plaintiff by default bars fresh suit? What is the Procedure in case of non-attendance of one or wore of several plaintiff's? What is the Procedure in case of non-attendance of one or more of several defendants? What is the Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person? What is Setting aside decree ex parte against defendant? What is the meaning of No decree to be set aside without notice to opposite party? Rule 7, 8, 9, 10, 11, 12, 13 and 14 of Order IX of Code of Civil Procedure 1908

Rule 10 Order VI of Code of Civil Procedure 1908 "Malice, knowledge, etc"

Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

Rule 11 Order VI of Code of Civil Procedure 1908 "Notice"

Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred are material.

Rule 12 Order VI of Code of Civil Procedure 1908 "Implied contract, or relation"

Wherever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.


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