Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Said events occurred after filing of suit and already on record in chief examination of PW1, who already cross-examined by defendants - It cannot be said that these subsequent events cannot be brought on record by way of amendment, particularly, when no prejudice is caused to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on the ground of an event which happened before filing of suit, cannot by any stretch of imagination be termed as due diligence, particularly when trial of case has commenced - Amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent pleas in written statement although same may not be permitted in case of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Amendment of plaint - Abandonment of suit against defendant No.5 - Plaintiff has right to abandon his suit or part of his claim against all or any of defendants - Trial Court allowed application - Plaintiff will be precluded from bringing any fresh suit against petitioner in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17, Punjab Rent Act, 1995, Section 38, 65 -- Eviction petition u/s 13-B of East Punjab Urban Rent Restriction Act - Leave to contest - Amendment of plaint allowed for converting petition under East Punjab Urban Rent Restriction Act to Punjab Rent Act - Subsequent..........
