Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day for plaintiff to fill up such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend - Can be refused if it introduces totally different, new and inconsistent case or challenges fundamental character of the suit...........
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...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Though normally amendment is allowed in the pleadings to avoid multiplicity of litigation, Court needs to take into consideration whether application for amendment is bona fide or mala fide and whether amendment causes such prejudice to the other side which cannot be compensated adequately in terms of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Plaintiff by way of amendment seek to add 2 ancestral properties at the stage of cross-examination of witness of plaintiff - Plaintiff is an illiterate and is residing in different cities for ekeing out livelihood and by inadvertence and oversight the factum of 2 properties which has..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint - Defendants right to file written statement was closed - He has no right to file written statement to the amended plaint - As no written statement was filed as such defendant has no right to filed amended written statement...........
