Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parameters for allowing amendment of plaint and written statement are totally different...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought not amounting to withdrawal of admission and do not change nature of defence - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Written statement - Amendment sought at appellate stage - Application allowed and case remanded for decision afresh - Not open to Appellate Court to have done so without deciding appeal on merits and without reversing decree appealed against - O.41.Rr.23, 23-A violated and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional plaint - Subsequent to filing of written statement - Can only be filed when amendment of plaint is allowed and not otherwise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission - Amendment sought to delete some words as wrong facts were pleaded by counsel of plaintiff who initially filed the suit - After change of counsel when plaintiff came to know the facts of case, he filed the application for amendment - Application filed at initial stage - Issues..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Even if a party has weak case on merits, amendment sought cannot be refused on this sole reason...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to make inconsistent pleas already taken in joint written statement by adding some paras to original written statement and by withdrawing admissions already made - As far as admissions already made in original written statement, same cannot be allowed to be..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
