Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment declined by holding that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to seek relief of specific performance and mandatory injunction - Trial of suit not commenced, as issues not yet framed - By incorporating relief of specific performance no new case is introduced, as suit instituted is based on contractual obligations of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought at belated stage i.e after closing of plaintiff's evidence - By itself not a ground to decline it particularly when amendment is necessary for determining real controversy between parties and which does not change the basic nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Written statement - Amendment - To incorporate plea of adverse possession - Plea of adverse possession by way of counter claim is not permissible...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas are added in written statement and not beyond that...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by limitation - Though plaintiff can file..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of description of plaint schedule property by way of insertion of Survey Number and Patta Number - Amendment sought after commencement of trial - Due diligence on the part of plaintiff is absence - In the absence of such a statutory mandate, application filed by plaintiff is not maintainable -..........
