Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Can be considered only after considering evidence led by the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Legal representatives of deceased defendant are not entitled to take a defence, which is at variance with defence already taken by deceased defendant...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Custom - Pleading and proof - Customs when pleaded are mostly at variance with general law as such they should be strictly proved...........
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Parties to suit cannot travel beyond pleadings so also the Court cannot record any finding on the issues which are not part of pleadings - In other words, Court has to record findings only on issues which are part of the pleadings on which parties are contesting the case - Any finding recorded on an issue de..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no satisfaction of ingredient..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-requisites - Court may at any stage of the proceedings allow either party to alter or amend his pleadings provided petitioner satisfies twin requirements viz. (a) that proposed amendment is necessary for determining real question in controversy between parties (b) if trial has commenced party must..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after evidence is over and case is fixed for final hearing - Even several dates were fixed for hearing arguments - Unnecessary delay is caused by defendant - Application rightly dismissed...........
