Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent/alternative pleas - Can be raised in written statement - Not permissible in case of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint vis a vis written statement - (i) Amendment of plaint and written statement not governed by exactly same principle (ii) Courts should be more liberal in allowing amendment of written statement than plaint (iii) Plaint cannot be amended so as to alter materially or substitute cause of action or nature of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dismissal of appeal - Application becomes infructuous and no order can be passed on it - Rejection of application by first appellate Court after disposing appeal - Held, not proper...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7 -- Plaint - Amendment allowed - Defendant has right to file amended written statement limited to the amendment made in the plaint - Defendant who was proceeded ex parte can join the proceedings when the amended plaint is filed - Their right to participate in the proceedings at that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Effect of amendment was to ouster jurisdiction of Court - Proper course is to allow amendment and then return amended plaint for presentation before proper Court...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 40(2) -- Plaint - Amendment - Suit for prohibitory injunction - Amendment of plaint sought to seek relief of damages - A claim for damages is inherent in a suit for perpetual injunction and where this relief is not specifically claimed in the original suit, amendment in this regard must be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amended provision of Order VI, Rule 17, CPC as amended w.e.f. 2002 will not apply to pleadings filed before that date...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Amendment sought nothing but a ruse to adduce additional evidence - Plea as to nature of property already set up in plaint - Amendment sought mala fide - Amendment which is mala fide not to be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Defendant is at liberty to file his additional written statement to the amended plaint - Defendant is always at liberty to state all his grievance to the plaint in his written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Accrual of cause of action during pendency of suit - By proposed amendment basic structure was not to be changed and there was merely change in the nature of relief claimed - Amendment allowed...........
