Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application filed after commencement of trial/framing of issues - No cogent explanation is forth coming on record, as to why application for amendment of written statement was not filed before commencement of trial - Held, proviso to O.6.R.17 of CPC points that no application for amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Permissibility - Plaintiff sought inclusion of properties of her father-i, law by way of amendment of pleadings in partition suit - Husband of plaintiff was not added as party defendant to partition suit - Held, such amendment not permissible - It was open for plaintiff to file a separate suit for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Accident claim petition - Change of date of accident - Mistake not deliberate and it was due to typographical error - Application cannot be rejected solely on the ground that evidence has been led - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Most of the proposed amendments to introduce subsequent events and remaining part merely clarificatory in nature - Proposed amendments whether necessary to decide the suit can only be decided when parties lead evidence - Judge not justified to refuse the amendment on the ground that such facts were to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - There is no absolute rule that in every case where a relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on the facts and circumstances of the case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Prayer for mandatory injunction sought to be introduced by way of amendment - Sought after five years from the date of filing of the report of the Advocate Commissioner who has pointed out about the construction that has been put up in the common lane - Proposed amendment will cause prejudice to the other..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief - Plaintiff is seeking by way of amendment of plaint, alternative relief of compensation in case Court were to come to the conclusion that relief of specific performance could not be granted - Court below while..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Decree of Trial Court set aside by HC - Suit remanded back for adjudication on the basis of evidence already on record - Direction that trial should be concluded within three months - Application for amendment of plaint sought - There was not a whisper in amendment application as to why prayer for..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief not founded on the pleadings should not be granted...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Not permissible...........
