Showing : 11-20 of 58 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement at appellate stage - Defendant well aware of the facts sought to be introduced by way of amendment from the beginning of suit - Suit remained pending for almost five years but said plea was not taken by defendant - It cannot be said that defendant in spite of due..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment at appellate stage - Amendment sought that under Hindu Mitakshara Law no individual male member of a joint family is empowered to transfer or alienate the claim of any part of the portion of the Hindu Joint Family property - Defendant has already taken the defence..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment at appellate stage - No satisfactory reply as to why amendment sought was not incorporated in the written statement - Application filed after a period of more than one and a half years of filing of appeal - No plausible explanation for not filing an application..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13-- Plaint - Amendment at appellate stage - Petition filed by respondent on the ground of desertion - By proposed amendment, respondent sought to introduce a new set of facts, which gave rise to a new cause of action - Some facts stated in proposed amendment were even contrary to the admissions of..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - At appellate stage - Finding given by appellate court while rejecting application for amendment moved by petitioners/tenants that the facts which they want to brought by way of amendment has already taken into consideration by prescribed authority while passing..........
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..........

Showing : 11-20 of 58 Results