Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment - Cannot include counter claim - Counter claim can be filed U.O.8.R.6-A CPC by complying the conditions prescribed therein...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A person who denies title of plaintiff does not lose a right to set up a plea of irrevocable licence - Delay of 11 years in seeking amendment and that too at the fag end of trial - Amendment allowed subject to payment of costs of Rs.15,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of plaint and written statement stand on a different footing and different yardsticks are applicable - As against general principle that amendment of pleadings cannot be allowed so as to materially alter or substitute cause of action or nature of claim, in case of amendment to written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Amendment sought claiming tenancy rights over whole property - Suit contested for 21 years but no steps taken to get written statement amended - Amendment sought at appellate stage only to fill in lacuna in defence - It is settled law that legal argument cannot be converted..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of the amendment made in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Suit for declaration and injunction of certain agricultural land has been filed by plaintiffs on averment that they are in possession of disputed property - In written statement it has been specifically pleaded by defendants that plaintiffs are not in possession of suit property -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of vendees - It came to notice of petitioner/plaintiff from written statement that land has already been sold - Immediately thereafter, petitioner moved an application for amendment of plaint and impleadment of vendees - Held, application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn when it goes to the root of the case and the entire complexion of the written statement is sought to be changed by withdrawing such admission...........
