Showing : 1-10 of 2109 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of petition - Bonafide need - Plea to demolish and reconstruct allowed to be deleted by way of amendment - Mere fact that landlord intends to demolish the building and wants to start his business after reconstructing the same or that he wants to start business in the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Leave to amend - Can be refused if it introduces totally different, new and inconsistent case or challenges fundamental character of the suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Though normally amendment is allowed in the pleadings to avoid multiplicity of litigation, Court needs to take into consideration whether application for amendment is bona fide or mala fide and whether amendment causes such prejudice to the other side which cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of divorce petition - Amendment sought to incorporate additional ground of adultery - Divorce petition on the ground of cruelty already sought by husband - If some facts relating to seeking divorce additionally come into knowledge of husband, same can always be brought on record by..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1-- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these three fundamental..........

Showing : 1-10 of 2109 Results