Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment application moved after commencement of trial to correct some typographical error in mentioning the numbers of cheques - Held, proposed amendment of plaint and replication has been rightly allowed - Since amendment application was moved long after commencement of trial, therefore, the cost..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical error - Word `stated' sought to be amended with the word `denied' - Error is apparent when written statement is read as a whole - Proposed amendment rightly allowed - Cost enhanced to Rs.5,000/- as amendment was sought at the fag end of trial...........
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 events, necessary amendment can be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant pleaded that he had appointed his father as Attorney, but his father being aged 85 years, could not properly brief the counsel - Held, amendment of written statement cannot be allowed on this plea - If defendant's father was old enough so as not to comprehend the case of defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Cannot be allowed after commencement of trial, unless the party seeking amendment could not raise the matter before commencement of trial in spite of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plea that it is fault of counsel that he did not plead seeking relief of mandatory injunction inspite of narrating all the facts to him - No such plea taken in the application seeking amendment of plaint - Even otherwise, on the ground of alleged fault of counsel, amendment cannot be allowed because if..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Long after commencement of trial - Amendment sought came to the knowledge of plaintiff from the written statement of defendant and the said plea was responded by the plaintiff in his replication and inspite of that amendment was not sought long after commencement of trial - Order allowing amendment, set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek alternative relief of possession - There is no embargo on the plaintiff claiming such an alternative relief - Unless the prayer sought to be made by way of amendment is barred by law, Court shall make a liberal approach in allowing the application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Averments on the basis of which amendment is sought not to be gone into at the time of considering application for amendment of pleadings - Such averments can be put to test only in the trial - The only question that is relevant at the time of considering the application for amendment is whether such..........
