Showing : 1-10 of 71 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought clarificatory in nature and to elaborate the pleadings already taken - Amendment sought at very initial stage of trial - Explanation given for not raising plea earlier is that he is not very well versed with English language -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of petition - Bonafide need - Plea to demolish and reconstruct allowed to be deleted by way of amendment - Mere fact that landlord intends to demolish the building and wants to start his business after reconstructing the same or that he wants to start business in the..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and eviction-- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on..........

Showing : 1-10 of 71 Results