Showing : 1-10 of 20 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5-- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected with each other..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not come in way of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff payable to..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17-- Pleadings - Amendment - Amendment of pleadings when cannot be allowed U.O.6.R.17 CPC cannot be allowed by invoking provision of S.153 CPC - S.153 CPC deals with general power of amendment - Procedure is one as contemplated U.O.6.R.17 CPC - When one thing is clearly prohibited by the Order, it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment at appellate stage - Relinquishing share of defendant No.5 in the suit - Held, relinquishment of a share can be sought even at the appellate stage - With the amendment there will be no change in the nature of relief claimed nor the nature of suit will be changed - Only relief..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Increase in amount of compensation manifold - If the amendment relates to relief of compensation in lieu of or in addition to specific performance where the plaintiff has not abandoned his prayer for specific performance, Court will allow..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Defendants by withdrawing earlier written statement, sought to file completely new and different written statement - Claim of plaintiffs was admittited by defendants No.1 to 5 and the present application filed seven years thereafter - Defendants by moving said..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Basic principles - (1) Whether the amendment sought is imperative for proper and effective adjudication of the case; (2) Whether the application for amendment is bona fide or malafide; (3) the amendment should not cause such prejudice to the other side which cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - No fresh plea is being raised by defendants - Petitioners want to undo the act as done by defendants Nos.5 and 6 allegedly by playing fraud upon petitioners - Held, such admissions can be permitted to be explained away - Trial Court has not taken correct view of the..........

Showing : 1-10 of 20 Results