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Results of civil procedure code o 6 r 17

Showing : 41-50 of 1951 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said prayer was already made in earlier suit filed by plaintiff which was withdrawn without permission of Court to withdraw the suit with liberty to institute fresh suit - Plaintiffs thus, precluded from..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of suit - Amendment not..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said relief barred by law of limitation - Suit can be instituted after expiry of prescribed period of limitation with exemption from limitation law U.O.7.R.6 CPC - There is no such prayer and pleading on behalf..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes,..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought amounts to entertaining claim which is barred by limitation - Order allowing amendment, set aside...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment intends to withdraw earlier pleadings - He in fact wants to introduce a completely new case, which if permitted would obviously change very nature of suit - More so, no averment made in application that despite due diligence, proposed amendment could not be incorporated in..........

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...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not taking into account..........

Showing : 41-50 of 1951 Results