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 allowed to take pleas changing..........
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...........
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...........
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 written statement; (c) The..........
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 the unauthorised induction -..........
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17 -- Written statement - Amendment - Withdrawal of admission - Admission of joint ownership of properties sought to be withdrawn by amendment claiming properties to be personal properties - Inability to supply correct information due to ill health shown as cause for mistake - Plaintiff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 irretrievably prejudiced by..........
Punjab Tenancy Act, 1887, Section 77(3)(k), 99 -- Suit in Revenue Court for recovery of share of produce - Objection by defendant that Revenue Court had no jurisdictio, Plaint returned for presentation to proper Court - Suit filed in Civil Court - Defendant objecting that Civil Court had no jurisdiction and suit cognizable by Revenue Court - Defendant estopped from raising..........
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 counterpart in the principle..........
