No Result Found

BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17- - Application for amendment cannot be permitted if cause set out in amendment would have been barred by law of limitation - Trial Court committed error by allowing amendment application, which reflects no, application of mind - Impugned order set aside - Application rejected...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought clarificatory in nature and to elaborate the pleadings already taken - Amendment sought at very initial stage of trial - Explanation given for not raising plea earlier is that he is not very well versed with English language -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should be rejected -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought when suit reached the stage of defendant's evidence - Merely, under the pretext that defendant did not have documents handy at the time of filing the written statement, he can not claim any right to amend the written statement, at such a belated..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After completion of plaintiff's evidence - Suit for partition - Amendment sought to include certain more properties of common ancestors - Amendment sought if allowed, would not only change the scope of suit in its entirety, but would also lead to its de novo trial..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Suit for partition - Amendment sought to include more ancestral properties - Petitioner failed to establish that he was not aware about the remaining ancestral property or he came to know about that immediately at the time of filing..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of..........

No Result Found