Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Clerical and arithmetical errors, which have crept in plaint can be corrected even after passing of decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Filing of an affidavit in lieu of examination in chief of witness amounts to `commencement of proceeding'...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Power of Court to grant amendment is with limitation contained in proviso added to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought in the nature of clarification to pleas already taken in written statement in addition to legal pleas - No case of defendants that in spite of due diligence such pleas could not be taken before commencement of trial - All such facts were not only pre-existing but also well..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Amendment relates back to the date of filing of suit - Once amendment is allowed and is not challenged by defendants, then issue with regard to limitation has to be decided in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought on the basis of subsequent event i.e. subsequent transfer by gift during pendency of suit - Subsequent transferees prayed for adding them as parties to the proceeding in terms of O.1.R.10 CPC, does not debar the defendants, who are the transferees herein, to amend their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such irregularities can be corrected by Courts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be considered on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - A party cannot be permitted to wholly withdraw the admission in pleadings - However, admission can be clarified or explained by way of amendment and basis of admission can be attacked in a substantive proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay in itself may not be crucial on an application for amendment in a written statement, be it for introduction of a new fact or for explanation or clarification of an admission or for taking an alternate position...........
