Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Suit of plaintiff (present Mohatmim) in the name of smadh from very beginning was that previous Mahant was not a person of good character - He had squandered property by giving long lease to defendant who had further inducted tenants - Things were not new before first..........
Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17-- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to provisions of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7-- Scope of O.6.R.17 and O.9.R.7 compared - `At any stage' used in order 6, Rule 17 is not circumscribed or limited by any condition - No analogy could be drawn in order to interpret at any stage occurring under Order 6, Rule 17 on the basis of an interpretation of Order 9, Rule 7...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- SHO took keys of the shop inspite of injunction against defendant - Impleading of SHO as party to the suit and amendment of plaint seeking relief of mandatory injunction directing the SHO to hand over the keys and possession of the premises in question to the plaintiff sought - Application of..........
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - When amendment allowed defendant should also be allowed the liberty of moving an application under O.6.R.17 CPC setting out such additions, alterations and deletions as he proposes to make in the written statement as was originally filed...........
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or..........
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Defendants admitted having purchased the goods from the plaintiff - Amendment sought that they never purchased the goods from the plaintiff - This cannot be said to be an amendment to the written statement - O.6.R.17 CPC permits only the amendment of the pleadings..........
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Court cannot allow substitution of pleadings - Order 6 Rule 17 permits only amendment of pleadings but not substitution of pleadings...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 17-- Defendant proceeded exparte - Defendant neither becomes non-existent party nor ceases to be a party in the suit - He cannot be stopped from participating in the future proceedings - he can file application U.O.6.R.17 CPC even after the order for proceeding exparte became final - However, he cannot..........
Civil Procedure Code, 1908, Order 32, Rule 12, Civil Procedure Code, 1908, Order 6, Rule 17-- Application by defendant U.O.32.R.12 that he wants to proceed with the defence of the suit as well as in appeal and he has attained majority- Another application by him U.O.6.R.17 that he be permitted to amend written statement - As per rule 12 of O.32, it is open only to the minor plaintiff on..........
