Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for permanent injunction - Amendment sought at appellate stage after dismissal of suit - No plausible explanation as to why same was not sought in trial Court when plaintiffs was conscious of the same at the time of filing written statement - Amendment cannot be allowed - Petition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after about one year of discovery of document on the basis of which amendment of written statement is sought - No explanation as to why amendment was not sought at the material time - Due diligence on part of defendant not proved - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Subsequent events i.e payments made on four different occasions is intended to be brought on record by way of amendment - It will not change nature of suit, as it is nothing but continuation of cause of action that arose on date of filing of suit - No prejudice will be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Object - Court can permit amendments to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings can be allowed when : (i) amendment does not alter basic structure or nature of claim; (ii) amendment does not take away valuable right that accrued to respondent; (iii) amendment does not amount to withdrawing unequivocal admissions made in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage after leading their evidence -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso is mandatory - Amendment `shall' not be allowed after trial had commenced unless condition as set out in the proviso is fulfilled...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Amendment sought to bring on record certain documents - However, no date was mentioned in application as to when said documents have come into knowledge of defendants - Defendants failed to demonstrate that despite due diligence, they could not bring these..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Judgment and decree once set aside and suit remanded with a direction to decide afresh - It cannot be said that suit is remanded for a limited purpose - Amendment of pleadings is permissible...........
