Showing : 21-30 of 107 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11-- Once plaint itself is not maintainable then application U.O.6.R.17 CPC filed by the plaintiff is liable to be dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Written statement - Amendment sought at appellate stage - Application allowed and case remanded for decision afresh - Not open to Appellate Court to have done so without deciding appeal on merits and without reversing decree appealed against - O.41.Rr.23, 23-A violated and O.6.R.17 CPC ignored -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Power of Court to grant amendment is with limitation contained in proviso added to O.6.R.17 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Error of counsel - Observation of Court that an error of counsel would furnish a ground to a party to seek amendment of pleadings, cannot be accepted as it would allow parties to circumvent O.6.R.17 Proviso CPC by throwing the blame always on the counsel who originally..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Delay - Amendment can be permitted even if there is substantial delay in filing such an application as the end purpose is that substantial justice must be rendered to the parties - However, the embargo placed in the proviso to O.6.R.17 CPC cannot be overlooked...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to enhance alternative relief claimed in the suit from Rs.3.50 to 18.00 lacs - Plaintiff failed to indicate any reason whatsoever necessitating filing of amendment application as required by O.6.R.17 Proviso CPC - Nothing on record to show that in spite of..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought at the stage of final arguments - Condition in the proviso to O.6.R.17 CPC has to be satisfied for exercise of Court's discretion in allowing amendment to pleadings at the stage of final arguments - Amendment cannot be allowed merely for the reason that it will cause..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Sought at appellate stage - Suit for specific performance dismissed due to lack of pleading of readiness and willingness - Amendment of plaint sought at appellate stage to insert readiness and willingness - Said lacuna cannot be filled by plaintiff by making application..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement at appellate stage - Defendant well aware of the facts sought to be introduced by way of amendment from the beginning of suit - Suit remained pending for almost five years but said plea was not taken by defendant - It cannot be said that defendant in spite of due..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought at the post trial stage - Delay in seeking amendment - Nothing stated as to why the plea now sought to be introduced by way of amendment was not raised before commencement of trial - Nothing in amendment application to show the satisfaction of conditions..........

Showing : 21-30 of 107 Results