Showing : 1-10 of 37 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 19-- Appeal - Against order allowing amendment of plaint - Not maintainable - Order allowing amendment is an interlocutory order and Court does not sit in judgment over correctness of pleadings at the stage when amendment is allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought in second appeal - Plea of negligence of counsel - Said plea cannot be accepted on the face of record - Moreover, plaintiff was very well conscious about his admission made in his original pleadings - Amendment cannot be allowed at this belated stage on the ground that..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Suit for injunction - Title of plaintiff to suit property denied by defendant - Filing of an application for amendment of plaint seeking declaration of title in appeal - Allowing such application by appellate Court is not justified...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Suit in representative capacity - If a person sues on his own behalf initially and later the suit is converted into a representative suit (by amendment of plaint), there is no addition of parties involved - There is nothing which prevents a Court from permitting persons from suing in their..........
MANIPUR HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Due diligence - No reasons assigned by plaintiff in support of his application for amendment as to why proposed relief was not claimed originally by plaintiff in suit or during its pendency and why required to be claimed in appeal - Reason assigned in support of prayer that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment by seeking relief of possession, during pendency of appeal, in a suit for permanent injunction - Defendant in written statement denied possession of plaintiff - Suit remained pending for eight years - Dismissal of suit as plaintiff found not in possession - Dismissal of..........

Showing : 1-10 of 37 Results