Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment as plaintiff and consequential amendment - Interest in the shop devolved upon a person - He should be impleaded as a plaintiff - Consequential amendment of pleadings will be in the interest of justice - Basic parameters of suit not altered - There is nothing wrong in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Amendment barred U.O.2.R.2 CPC as suit filed by plaintiff did not include the whole claim - Rejection of application, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration of title and permanent injunction - Proposed amendment not brought to knowledge of defendant's counsel during preparation of written statement, but on perusal of record, error come to knowledge - Reason assigned by defendant seems to be just and bonafide - Defendant could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Hindu Marriage Act, 1955, Section 23A, Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce - Counter claim - Accrual of cause of action for counter claim after defendant has delivered his defence - Held, on said ground Court not to have rejected the amendment of written statement to raise plea of counter claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - If some facts come to knowledge subsequently and subsequent to the commencement of trial and if it is found that it is necessary for determining the real questions in controversy between the parties, such an application for amendment can be allowed ever after trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in affidavit of evidence - Affidavit of evidence is not pleadings - Amendment in such affidavit is not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amending written statement are different from ones for amending the plaint - Defendant can take many pleas, which may be inconsistent or alternative pleas...........
