Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend - Can be refused if it introduces totally different, new and inconsistent case or challenges fundamental character of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Though normally amendment is allowed in the pleadings to avoid multiplicity of litigation, Court needs to take into consideration whether application for amendment is bona fide or mala fide and whether amendment causes such prejudice to the other side which cannot be compensated adequately in terms of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Constitution of India, 1950, Section 226(2), Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Special Civil application (SCA) - Maintainability - Dispute between company and its employees for no, payment of wages after closing of company - Company has its factory at the place which is part of State `G' - Labour Court which entertained the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Marking of copy of deposition of third party itself is not accordance with law of evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Mere reference of plaintiff being in possession of property as a tenant cannot be considered as delivery..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court of the opinion that Courts below have not properly considered documentary evidence - However, after making said observation High Court did not proceed to consider those documents nor remitted the matter for fresh consideration, rather allowed the appeal - Impugned order set aside - Matter remitted to..........
Civil Procedure Code, 1908, Section 11 - - Constructive res judicata - Successive writ petitions - Even if a party does not pray for a particular relief in earlier writ petition, which ought to have been claimed, successive writ petitions claiming said relief is barred by principle of constructive res judicata and also U.O.2.R.2 CPC...........
