Showing : 41-50 of 104 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 does not create an absolute bar or shut out entertaining of an application for amendment of pleadings after commencement of trial but only permits it if party seeking amendment shows that, in spite of due diligence, he could not raise the plea prior to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Plaintiff while appearing as his own witness made certain admissions in cross examination - Amendment cannot be allowed to deny or plead contra to the admissions made at a subsequent stage - No party should be allowed to deprive the benefits accrued to it in the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - When cause of action for amendment arose during pendency of suit, proposed amendment ought to be granted and bar U.O.6.R.17 for seeking amendment of pleadings after commencement of trial and requirement of due diligence under the proviso thereto would not apply...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 18-- Wrong provision of law - Application filed U.O.6.R.17 CPC which was in fact meant to be one U.O.6.R.18 CPC - Held, application filed must be taken to be one U.O.6.R.18 CPC...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of petition U.O.21.R.97 CPC - O.6.R.17 CPC not strictly applicable - Amendment allowed by exercising power u/ss 151 and 153 CPC considering that in terms of O.21.R.101 CPC such questions, if any, cannot be determined in a separate suit...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13-- Written statement - Amendment - By way of amendment, petitioner/tenant took completely new stand and has tried to resile from his earlier admission made in his original written statement - Record showed that respondent/landlord already concluded his entire evidence and matter was fixed for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Permissibility - First appellate Court dismissed amendment application on the ground that plaintiffs got knowledge about the relevant facts long prior to filing of suit and they cannot seek amendment now - Challenge thereto - Held, by virtue of taking place of subsequent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6-- Proviso - Plaint - Amendment - Sought after commencement of trial - It cannot be said that plaintiff could not seek proposed amendment of plaint before commencement of trial even if plaintiff had exercised due diligence - Held, proposed amendment cannot be allowed in view of proviso to O.6.R.17..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no..........

Showing : 41-50 of 104 Results