Showing : 11-20 of 171 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of written statement - Inadvertent typographical mistake - At different places in the written statement word `incorrect' is mentioned and only at one place word `correct' is mentioned, which appears to be inadvertent - Amendment, rightly allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Recovery suit on the basis of promissory note - Amendment sought at rebuttal stage to take the plea that defendant never signed promissory note in Punjabi nor he signs in Punjabi - This plea was very much available from the very beginning - It is not such a fact..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17-- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Parameters for amendment of written statement are different then amendment of plaint - Amendment of written statement is to be liberally construed - Keeping in view the fair stand of defendant, amendment in written statement by introducing some paragraphs in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to the suit -..........

Showing : 11-20 of 171 Results