Showing : 1-10 of 30 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - O.6.R.17 CPC is in two parts: (i) First part is discretionary and leaves it to Court to allow amendment in the pleadings and; (ii) Second part is imperative and enjoins the Court to allow all amendments which are necessary for determining real issue between parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Proviso to O.6.R.17 CPC, is in a mandatory form - Jurisdiction of Court to allow an application for amendment after trial had commenced is taken away unless conditions precedent thereof are satisfied viz. Court must come to conclusion that in spite of due diligence the party..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of Plaint - Rule of amendment is essentially rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to parties - All bona fide amendments necessary for determining issue between parties should be allowed - First part of R.17..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit against a dead person - Provision of O.6.R.17 CPC cannot be invoked to delete the name of a dead person who was dead before the institution of suit or for purpose of substituting any other person in his place...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Single application U.O.1.R.10 & O.6.R.17 - Application U.O.1.R.10 to be decided first - If parties are introduced each one of them would have a right to file their written statement admitting or denying the facts on which plaintiff relies upon to obtain a decree - All such newly added parties have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Single application U.O.6.R.17 & O.1.R.10 CPC - Court should disallow acceptance of such clubbed application at the threshold, and if insisted, they should be returned forthwith to their owners with liberty to file them afresh by removing such patent defects...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 18-- Wrong provision of law - Application filed U.O.6.R.17 CPC which was in fact meant to be one U.O.6.R.18 CPC - Held, application filed must be taken to be one U.O.6.R.18 CPC...........

Showing : 1-10 of 30 Results