Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such irregularities can be corrected by Courts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be considered on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - A party cannot be permitted to wholly withdraw the admission in pleadings - However, admission can be clarified or explained by way of amendment and basis of admission can be attacked in a substantive proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay in itself may not be crucial on an application for amendment in a written statement, be it for introduction of a new fact or for explanation or clarification of an admission or for taking an alternate position...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Suit for recovery of advance - Amendment of plaint cannot be allowed to seek relief of specific performance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate an alternative relief of recovery of certain sums paid by plaintiff to defendant in a suit for specific performance - Defendant objected that since there was no reference at all in original plaint about payment of any sum, hence amendment ought not to be allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of plaint allowed - Amendment carried out in the original plaint however amendment not carried out in duplicate copy of plaint - It is not be fatal, as this defect is curable and it can be cured within such time as fixed by Court by exercising powers U.O.6.R.18 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17. -- Amendment of plaint - Sought at belated stage - Facts sought to be introduced by way of amendment were already in the knowledge of plaintiff - Plaintiff has not been able to show as to why no effort was made by him to incorporate such amendments in the plaint earlier - It cannot be said that plaintiff could not have..........
Central Excise Act, 1944, Section 35G(3), 11B -- Appeal - Order of refund of duty - Said order passed before amendment of S.11B of the Act in the year 1991 but refund had not actually paid to assessee till 1991 - S.11B first proviso of the Act clearly stating that so long as refund proceedings are pending, amended provision would get attracted and would disentitle payer..........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Time limits fixed in CPC cannot be totally ignored altogether even if they are construed as not mandatory...........
