Showing : 1-10 of 109 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought was not imperative for determining real question in controversy between parties - Amendment also barred in view of O.6.R.17 Proviso CPC - Amendment application rightly rejected...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17-- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes, petition for amendment..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17-- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If decree passed by..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not..........
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..........

Showing : 1-10 of 109 Results