Showing : 61-70 of 106 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Two suits consolidated - One decreed and other dismissed - Appeal against both - Amendment of plaint and written statement sought in appeal - Delay of more than 10 years for which no explanation whatsoever put forward - Appellate Court allowed amendment both of plaint as..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Petition to amend schedule of property by describing it in detail and to add some parties and also to change alphabets of the title of some of the parties - Amendment sought to remove twin objection of non-joinder of necessary parties and non description of suit property taken..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - False, baseless, wanton and scandalous allegations in written statement - Amendment of plaint to seek relief on such allegations is not required - A decree for divorce can be passed on the basis of such allegations...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment of plaint and amendment of written statement stand on different footings - Amendment of plaint cannot be allowed to alter materially or substitute the cause of action or the nature of claim - However amendment of written statement can be allowed to add a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment of plaint and amendment of written statement are not governed by exactly the same principle - Adding a new ground of defence or substituting or altering a defence does not raise the same problem as adding, altering, substituting a new cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Courts are more liberal in allowing an amendment of a written statement than that of a plaint - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement can also be allowed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Reply filed to temporary injunction copied and filed as written statement wherein there were only six paragraph whereas plaint had 22 paragraphs - Contents of rest of the paragraphs of plaint not dealt with in the written statement - A party not to be punished for..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Specific admission and deemed admission - Six out of 22 paragraphs of plaint dealt with in the written statement - It is only specific admission which cannot be allowed to be withdrawn and not deemed admission - It is a case of deemed admission - Amendment allowed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Amendment sought to change description of property - Mistake realised on the day on which he sat with his Advocate for writing written statement - Explanation is just and sufficient - Cannot be said that plaintiff was not diligent which filing the suit itself - Amendment..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Prayer for amendment of plaint and written statement stand on different footing and different yardsticks are applicable - As against the general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the..........

Showing : 61-70 of 106 Results