Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was posted for arguments - No explanation as to why amendment was not sought earlier - Dismissal of application, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Relationship of landlord and tenant denied - Proposed amendment claiming as tenant and that he is regularly paying rent - Once petitioner has clearly averred in written statement that he is not tenant of premises in question, now he cannot be allowed to wriggle out from such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Petitioner has nowhere averred in amendment application that he has failed to raise matter before commencement of trial which he now wants to raise despite due diligence - Held, in absence of an such averment amendment application liable to be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - First appeal - Amendment of written statement sought while filing first appeal - First appellate Court dismissed same by holding that Khasra No.2887 has been carved out from Khasra No.4184 only - Defendant could not prove that his Abadi exists on Khasra No.2887 - According to revenue record,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written statement - Defendants have..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought to oppose the suit instead of conceding the same - Amendment sought after one year of filing of written statement - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Law of amendment in respect of written statement is very liberal and defendant can withdraw his admission and take inconsistent plea but such a course of action is available to defendant only after he is able to show that the admission made by him at the time of filing of the written statement..........
