Showing : 1-10 of 53 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Keeping in view amendment sought in written statement and previous litigation more particularly process of Court which ultimately resulted in decree for specific performance and execution of sale deed in execution of said decree, High Court is of considered opinion..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1-- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of execution application - Execution can only be in accordance with the decree - If there is some mistake in the decree then decree has to be got amended - Amendment of execution application cannot be allowed by observing that there is an accidental slip in the decree and the same can be..........

Showing : 1-10 of 53 Results