Showing : 81-90 of 922 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of Plaint - Sought on the basis of arguments raised - Cannot be allowed because during course of arguments there can always be many hypothesis built on the proven facts of a case and if amendments are allowed only on the basis of arguments raised, then proceedings can never be brought to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Proviso to O.6.R.17 CPC, is in a mandatory form - Jurisdiction of Court to allow an application for amendment after trial had commenced is taken away unless conditions precedent thereof are satisfied viz. Court must come to conclusion that in spite of due diligence the party..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought at the fag end of trial when suit had come up for submission of arguments by parties for disposal of case - No reason is explained for such long delay in filing application - There is nothing to indicate that despite due diligence plaintiffs could not earlier..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17-- Rejection of plaint - Before decision of this application, plaintiff filed application for amendment of plaint - Application for amendment of plaint has to be decided first before deciding application for rejection of plaint...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Typographical errors - Pre-trial amendment - Courts are liberal in allowing pre-trial amendment, as suit is filed by plaintiff by paying necessary Court fee and he cannot be deprived of his right to amend the plaint at his choice - Moreover, no prejudice will be caused to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At belated stage - Amendment sought will certainly change the basis of suit and will cause serious prejudice to defendant as defendant has already opened his cards - Plaintiff has no explanation for delay in moving amendment application - Application rightly rejected...........

Showing : 81-90 of 922 Results