Showing : 1-10 of 63 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10-- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject to payment of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17-- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes, petition for amendment..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17-- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If decree passed by..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59-- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three years..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Stamp Act, 1899, Section 47A(4A)(as-- Deficient stamp duty - Charging of interest - Liability to pay interest introduced in S.47-A of the Act through amending Act of 2002 - On date of execution of instrument there was no such provision for payment of interest on deficiency of stamp duty - Demand of interest cannot be placed upon..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10-- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather inevitable for..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - After filing of written statement it came to the knowledge of plaintiff about execution of gift deed of some part of the property for which plaintiff sought amendment of plaint that execution of gift of part of the property was without legal authority in view of family..........

Showing : 1-10 of 63 Results