Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after evidence is over and case is fixed for final hearing - Even several dates were fixed for hearing arguments - Unnecessary delay is caused by defendant - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition on ground of cruelty - Amendment sought to seek divorce on additional ground of desertion as period of two years desertion elapsed during pendency of petition - Amendment allowed - However, amendment will relate back to the date of filing of amendment application and not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - No amendment should be allowed to put plaintiff to retrievably prejudice for being denied with opportunity of extracting the admission already made by defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All bonafide amendments should be allowed and even plea of elaboration of defence in support of earlier plea taken in written statement can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or ejecting the prayer of amendment - At the same time, Court is not obliged to go into correctness or falsity of case of either side in amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Case fixed for defendant's evidence - Amendment sought to incorporate certain words which were inadvertently omitted - Delay in filing application for amendment cannot be ground for rejection of same, as no prejudice is going to be caused to plaintiff, particularly in view of fact that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be allowed to introduce with a new set of facts causing prejudice to any of rights acquired to a party due to lapse of time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
