Showing : 1-10 of 18 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10-- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been moved at belated..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Permissibility - First appellate Court dismissed amendment application on the ground that plaintiffs got knowledge about the relevant facts long prior to filing of suit and they cannot seek amendment now - Challenge thereto - Held, by virtue of taking place of subsequent..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent event - Plaintiff filed suit seeking declaration that he is owner in possession of suit land - Receiver appointed u/s.145 Cr.P.C. during pendency of suit and he has consequently taken possession of suit land - By way of amendment of plaint plaintiff sought relief..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Correction of facts - Amendment sought to plead correct facts - Amendment sought at initial stage of suit - Held, amendment should be allowed on payment of cost - Plaintiff-petitioner permitted to make proposed amendment in plaint subject to payment of Rs.10,000/- as cost..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Dismissal of application - Validity - Amendment sought to be made by plaintiff in suit to the effect that earlier he had approached High Court by filing writ petition claiming same relief and its withdrawal was not mentioned in suit filed which otherwise required to be..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months -..........

Showing : 1-10 of 18 Results