Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Can be permitted at any stage of proceedings - Party seeking amendment has to satisfy Court that he/she was prevented by sufficient cause from bringing facts to be incorporated by way of amendment after having exercised due diligence. ( Para 4)..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Condonation of delay - Suit for recovery of loan on vehicle - In the instant case, bank seeking to change word `vehicle' in place of word `agriculture' by way of amendment - No prejudice is likelihood to be caused to defendant by way of such amendment - Hence, delay in filing of application for amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Trial not yet commenced - Order allowing amendment cannot be interfered on the ground that amendment is barred by limitation and could not have been allowed - Since opportunity to file amended written statement to the amended plaint was not granted, the same is hereby allowed and that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Opportunity to file amended written statement not granted - Defendant granted opportunity to file amended written statement to the amended plaint and allowed to take all the objections including that of locus standi and ground of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Specific cause of action against defendant already pleaded in the plaint - Amendment will not change nature and character of suit nor the same would introduce a new cause of action - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
