Showing : 1-10 of 18 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for permanent injunction - Amendment sought at appellate stage after dismissal of suit - No plausible explanation as to why same was not sought in trial Court when plaintiffs was conscious of the same at the time of filing written statement - Amendment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment sought at the appellate stage - Amendment sought to bring the subsequent development on record which is a Deed of Assignment - Proposed amendment will not cause prejudice to defendants - Deed of Assignment will have to be considered by Court if amendment is allowed - It would be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment at appellate stage - Relinquishing share of defendant No.5 in the suit - Held, relinquishment of a share can be sought even at the appellate stage - With the amendment there will be no change in the nature of relief claimed nor the nature of suit will be changed - Only relief..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - To correct share to 2/3rd instead of 1/4th - Rejected on the ground that fact was in knowledge of petitioner that what was his share - Motive was just to enhance share in property - Amendment not explanatory in nature - Held, no amendment can be allowed if..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - At second appellate stage - Amendment of plaint was sought twice earlier in the trial Court which were allowed - Not stated in the application what prevented from taking the pleas which are intended to be taken by way of amendment in second appeal earlier either in the lower..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27-- Plaint - Amendment at appellate stage - Suit for declaration of title and injunction - As plaintiff dispossessed during pendency of appeal as such relief of possession sought - Courts should try to avoid multiplicity of litigation - Amendment allowed - Appellate Court to invoke jurisdiction..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment at appellate stage - Cannot be allowed when amendment sought will completely change the nature of the cause of action and would seriously prejudice the rights which have already accrued to the defendant...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 12(3)-- Plaint - Amendment - At appellate stage - Suit for specific performance - Amendment of plaint to seek relief u/s 12(3) can be allowed at the appellate stage...........

Showing : 1-10 of 18 Results