Showing : 11-20 of 107 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - O.6.R.17 CPC is in two parts: (i) First part is discretionary and leaves it to Court to allow amendment in the pleadings and; (ii) Second part is imperative and enjoins the Court to allow all amendments which are necessary for determining real issue between parties...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment can be declined when Court finds that plaintiff has not come to Court with clean hands; the character of the suit is changed; the amendment application is unusually belated; there is mala fide on the part of plaintiff; there is withdrawal of earlier admitted facts..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of Plaint - Rule of amendment is essentially rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to parties - All bona fide amendments necessary for determining issue between parties should be allowed - First part of R.17..........

Showing : 11-20 of 107 Results