Civil Procedure Code, 1908, Order 6, Rule 17 -- Claim petition - Amendment sought to correct the registration number of vehicle involved in the accident - Does not change the nature of suit - No prejudice caused to other party - Allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Bona fide requirement - Eviction sought on ground of expansion of business activities - Written statement filed by defendants - Thereafter they came to know that plaintiffs have acquired sufficient property and they are not going to expand their business on disputed premises..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Tenancy admitted - Amendment cannot be allowed to deny such status and setting up title in himself - Admission cannot be allowed to be withdrawn except under extra ordinary circumstances - No such extra ordinary circumstances - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at appellate stage - Proposed amendment will change the nature of the case and will make out a new case - Amendment not necessary for the purpose of determining the real controversy between the parties - Amendment application has no merit as such rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Agreement to sell - Amendment sought to convert suit for permanent injunction to suit for specific performance as cause of action accrued during pendency of suit - Plaintiff could have filed a fresh suit - Court can allow amendment after commencement of trial to avoid multiplicity of proceedings - Order..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Specific performance - Amendment of plaint - Amendment of relief sought - Amendment sought to claim lesser relief of alternative relief against two defendant - Lesser relief can be granted even without there being a prayer - Amendment allowed...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Correction of decree - Clerical or arithmetical mistake - Trial Court can allow amendment of plaint and correction of judgment and decree of clerical and arithmetical mistake even when decision obtained finality before High Court - Principles governing amendment of decree and that of correction of accident slip..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Co-defendant has a right to challenge or oppose the amendment sought by other defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Consequential amendment - A new plea cannot be permitted to be added in the garb of a consequential amendment, though it can be applied by way of an independent or primary amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn but at the most can be explained...........
