Showing : 71-80 of 106 Results

UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - While allowing amendment of written statement Court directed that cross examination of plaintiff made by defendants Nos.16 & 17 be not read in evidence since defendants Nos.16 & 17 have been deleted by the Court from the array of parties - Trial Court committed an..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Cannot be allowed merely for the reason that plaintiff has no objection in allowing the amendment subject to payment of costs - Proviso to O.6.R.17 CPC lay down that amendment of pleadings cannot be allowed after commencement of trial unless Court comes to the..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Neither facts pleaded nor any ground raised to convince that despite exercise of due diligence the matter was not raised earlier - Secondly by way of amendment admission earlier made sought to be withdrawn - Order allowing amendment without taking into account the..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Belated - Amendment sought at the stage when suit was pending for final hearing - Reasons not given why the plea was not taken earlier - Held, petitioner is not entitled for the benefit of the proviso to O.6.R.17 - Order dismissing application, upheld...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Application U.O.7.R.11 CPC seeking same relief was dismissed - Once that is so, there is no error in the order dismissing the application U.O.6.R.17 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Amendment - Declaration and possession of first floor of house sought - Dispossession from ground floor during pendency of suit - Amendment of counter claim - Allowed - Whether defendant had been dispossessed recently or not would be in the nature of the claim of restitution, which..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Proviso - Amendment - Commencement of trial - Issues not framed, document not filed and evidence not adduced - Held, proviso to O.6.R.17 is not applicable as the trial has not yet commenced...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Third party sought to be introduced by way of amendment - It is not only O.6.R.17 but also O.1.R.10 CPC which is applicable and period of limitation also comes in...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Proviso - Pleadings - Amendment - Proviso to O.6.R.17 is mandatory in nature - Amendment of pleadings after commencement of trial can only be allowed if Court comes to a conclusion that in spite of due diligence the parties could not have raised the matter before the commencement of the trial...........

Showing : 71-80 of 106 Results