Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and permanent injunction - Amendment sought was within knowledge of plaintiff even prior to filing of suit - Amendment if allowed would materially change nature of suit - Amendment rightly, rejected...........
Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at belated stage, is vague - Such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration and partition - Amendment sought to change entire area of plot to lesser area admitted in written statement - Amendment cannot be allowed as it amounts to withdrawal of admission in written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After conclusion of plaintiff's evidence - Suit for declaration - Amendment sought for elaboration of facts and description of suit property - Defining property in terms of its number would not change nature of suit, nor suit property would be changed by any necessary implication - Furthermore,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........
Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38 -- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mistake of counsel - Suit for declaration - Party shall not be made to suffer for the mistake of counsel specially when his valuable rights are at stake...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array its paternity and legitimacy..........
