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Results of o 6 of civil procedure code

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Showing : 1221-1230 of 2819 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Scope - Judicial discretion - Court has discretion to permit amendments even when there is substantial delay in seeking amendment - All amendments ought to be allowed which satisfy two conditions viz. (a) not working injustice to other side; (b) being necessary for determining real question in..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When to be refused - Where other party cannot be placed in same position as if pleading had been originally correct but amendment would cause him injury which could not be compensated in costs...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Party strictly not entitled to rely on statute of limitation when amendment amounts to no more than different or additional approach to same facts already mentioned in pleadings...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of limitation - Question of limitation in circumstances of case is arguable issue - Court should consider plea of limitation as disputed issue and be decided as separate preliminary issue - It is appropriate for Court to allow such amendment with effect from date of filing of such amendment..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Necessary averments already made in plaint - Merely relief of redemption of mortgage deed omitted in relief claimed - Sought by way of amendment - Amendment sought neither changes nature of suit nor introduce new claim on new basis constituted by new facts - Held, such amendment is no more than..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment will change the nature of suit - Amendment cannot be declined on this ground when amendment of plaint is sought on the basis of subsequent event - Moreso, when amendment is essential for effective and complete adjudication of lis...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17, CPC by Amending Act, 2002 -- Suit instituted before amendment of provision of ,O. 6 ,R. 17 - Amendment of pleadings - Amended provision is not applicable...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Not barred even by the amended provision of O.6.R.17 CPC, as it now exists...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6 -- Written statement - Amendment - Sought long after commencement of trial - Moreover, it cannot be said that defendant, inspite of due diligence, could not have raised this plea before commencement of trial - Held, amendment cannot be allowed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Inadvertent error - Earnest money mentioned as Rs.2.50 lacs instead of Rs.3.20 lacs - Infact Rs.2.50 lacs was the rate per acre which was wrongly mentioned as earnest money - Amendment allowed...........

Showing : 1221-1230 of 2819 Results