Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing are : (i) All amendments will be generally permissible when they are necessary for determination of the real controversy in the suit; (ii) All the same, substitution of one cause of action or the nature of the claim for another in the original plaint or change of the subject-matter of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction to restrain Electricity Board from disconnecting power supply for non-payment of amount demanded in bill which is alleged to be illegal and unenforceable - Amendment of paint sought seeking additional relief of declaration that demand for payment of amount is illegal and..........
Limitation Act, 1963, Section 3, Article 58, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for perpetual injunction - Amendment of plaint allowed seeking relief of declaration - Where relief sought is not new but is based on facts and allegations already stated, question of applying limitation does not arise...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Petition by husband for dissolution of marriage on ground of mental cruelty and desertion - Petitioner pleaded that he was not given conjugal happiness expected to be given by a wife - Such vague allegation can be permitted to be clarified by adding that there was failure or inability on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment seeking an ancillary or a consequential relief i.e. in the event of the decree for possession is passed, the same may be passed with a direction to remove the construction/malba raised in the property in dispute - If the plaintiff is granted a decree for possession and injunction then..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - Amendment as such will not be allowed - However, if the facts are the same, an alternative relief flows from the same, the Court can in the interest of justice and totality of facts may or may not allow the amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that plaintiff is tenant under defendant over suit land - Amendment to incorporate that the tenancy in respect of the suit land was executed in writing through Patta - Amendment merely seeks to clarify the nature of the tenancy and how the same was executed - Order of lower Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - All amendments necessary to determine the questions in controversy have to be allowed - Duty of the Court is to determine the rights of the parties and not to punish them for the mistakes, if any - Some of the exceptions are : If the application filed is mala fide, withdraws the admissions made without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Objection of highly belated - Not tenable as order to be challenged crept into record on the basis of testimony of defendant - Amendment necessary to determine question in controversy - Allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments necessary to determine questions in controversy have to be allowed - Duty of Court to determine rights of parties and not to punish them for the mistakes, if any - Amendment to be disallowed when - (1) application filed mala fide, (2) withdraws admissions made without explaining them,..........
