Showing : 41-50 of 50 Results

RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - New plea or a plea inconsistent to the pleas already taken cannot be allowed to be raised in replication...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Permissive possession admitted in written statement - Amendment sought to take the plea that their possession is adverse to the plaintiff - The said plea is not a subsequent development - Defendant is precluded from taking a totally inconsistent plea - Both the..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Principles governing are : (i) All amendments will be generally permissible when they are necessary for determination of the real controversy in the suit; (ii) All the same, substitution of one cause of action or the nature of the claim for another in the original plaint or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Whether new pleas inconsistent with written statement can be added or not - Specific plea taken of being a joint tenant - To incorporate plea that their father was tenant and he was member of Hindu Undivided Family - Altogether a new defence - Party cannot be..........
DELHI HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - When amendment allowed amendment of written statement - Court would examine whether such pleas sought to be raised by way of amendment in the written statement are in any way inconsistent with the previous pleadings...........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - New pleas which are inconsistent and at variance with the pleas originally taken in plaint cannot be introduced - New pleas can only be introduced by way of amendment in plaint...........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - Principles governing - Enumerated - (a) The plaintiff, cannot be allowed to introduce new pleas by way of filing rejoinder, so as to alter the basis of his plaint; (b) In rejoinder, the plaintiff can be permitted to explain the additional facts which have been incorporated in the..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- New & inconsistent pleas - Application dismissed - Same pleas in replication cannot be justified on the ground that defendant has also unauthorisedly introduced additional averments in amended written statement - Remedy for unauthorised induction by defendant lay in praying for the striking off..........
RAJASTHAN HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Withdrawal of admission - Admission of joint ownership of properties sought to be withdrawn by amendment claiming properties to be personal properties - Inability to supply correct information due to ill health shown as cause for mistake - Plaintiff not to be..........
SUPREME COURT OF INDIA
Year of decision: 0200
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Plaint and written statement - Amendment of the two stand on different footings - General principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendment to plaint and it has no..........

Showing : 41-50 of 50 Results