Showing : 71-80 of 188 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Permissibility - Suit for declaration with consequential relief of injunction - Defendants have filed cross-objections - Plaintiffs have also filed cross-objections - Matter was thereafter listed four times for arguments - Amendment application has been filed at a very belated..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Infringement of trade mark - Suit for injunction - Trade mark registered during pendency of suit - Sought to be incorporated in plaint by way of amendment - Fresh suit based on infringement will not be barred - There is no justification for refusing amendment - Amendment..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38-- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue to claim..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Prayer for mandatory injunction sought to be introduced by way of amendment - Sought after five years from the date of filing of the report of the Advocate Commissioner who has pointed out about the construction that has been put up in the common lane - Proposed amendment will..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for injunction - Amendment of paint sought to incorporate relief of declaration - As declaration is already involved in the suit of permanent prohibitory injunction, hence, merely adding relief of declaration declaring the transaction in question void, does not amount to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration and injunction - Amendment seeking relief of specific performance after 11 years of filing of suit - Amendment allowed - Relief of specific performance was available on the date of filing of suit but was not claimed - Held, relief claimed by way of..........

Showing : 71-80 of 188 Results