Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought to convert petition for judicial separation to be one for divorce - Amendment cannot be allowed as the opposed amendment would have the effect of changing the cause of action altogether based on new facts...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Once amendment is allowed defendant be given an opportunity for filing additional written statement - If any disputed question arises, Court to give fresh opportunity of hearing to the parties and if necessary to pass fresh preliminary decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Recall of order - Passing of amendment order on consent - Application after three years to recall the order of amendment - Order cannot be recalled in absence of any plea and proof that consent had been fraudulently obtained or obtained by fraud or coercion...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to incorporate subsequent events coming to plaintiff's knowledge from written statement - Additional claim still within limitation - Order rejecting amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for cancellation of sale deed - Amendment sought merely describing property as purchased from Joint Family Funds - Amendment not inconsistent nor introducing new cause of action - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and permanent injunction - Dispossession during pendency of suit - Amendment of plaint sought to seek relief of possession - By amendment of plaint basic issues involved in the suit would remain absolutely unaffected and undisplaced - Amendment allowed...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Execution or pronote and receipt denied and that defendant never received any consideration - Amendment sought to plead that defendant did execute pronote and receipt but without consideration - Amendment if allowed would displace the plaintiff's line of action and the defendant's defence -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Resisted being belated, inconsistent plea taken and earlier amendment of written statement was granted - Proposed amendment based on two different pleas - Cannot be said to be to the prejudice of plaintiff leading to its rejection - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Replication - Amendment - Facts already pleaded sought to be further elucidated - No prejudice will be caused to the defendant if the proposed amendment is allowed - Amendment allowed...........
