Showing : 1-10 of 97 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should be rejected -..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit fixed for pronouncing judgment - Court is competent to allow either party to alter or amend his pleadings any time before judgment is pronounced in view of expression `at any stage of proceedings' employed in O.6.R.17 CPC - Amendment of written statement at..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Appellant failed to give any explanation as to why amendment sought could not have been done earlier despite due diligence on her part - It therefore, cannot be said that there is compliance of O.6.R.17 CPC - Application rightly rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Written statement was filed in the year 1995, which was much before commencement Act of 2000, consequently amended provision of O.6.R.17 CPC would not be applicable - Trial Court not justified in rejecting application by applying amended provision of O.6.R.17 CPC -..........

Showing : 1-10 of 97 Results