Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Suit for recovery of advance - Amendment of plaint cannot be allowed to seek relief of specific performance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate an alternative relief of recovery of certain sums paid by plaintiff to defendant in a suit for specific performance - Defendant objected that since there was no reference at all in original plaint about payment of any sum, hence amendment ought not to be allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17. -- Amendment of plaint - Sought at belated stage - Facts sought to be introduced by way of amendment were already in the knowledge of plaintiff - Plaintiff has not been able to show as to why no effort was made by him to incorporate such amendments in the plaint earlier - It cannot be said that plaintiff could not have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Doctrine of relation back - Not applicable when amendment is allowed subject to plea of limitation, indicating thereby that there are no special or extraordinary circumstances in the case to warrant doctrine of relation back applying so that a legal right that had accrued in favour of defendant should be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Written statement - Amendment sought to incorporate two pleas - One that suit is barred U.O.2.R.2 CPC and the other that suit is not competent by virtue of O.23.R.1 CPC - Defendant contended that plaintiff concealed some important facts - Contention that plaintiff suppressed some facts need not be given any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought at the final arguments stage to include the left out properties - In case suit continues in present form it is likely to be rejected on the ground of no, inclusion of all the properties - In order to reduce the rigours of litigation and the hardships that may be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Absence of particulars as to in which paragraph amendment is sought and to what effect - Held, in the absence thereof, application seeking amendment of written statement cannot be entertained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought referable to suit property and in context of dispute raised in suit - Plea of limitation and relief sought by way of amendment are matters to be examined by Court after parties lead evidence - Defendants are entitled to file their written statement and to raise all the available defences..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment sought to incorporate the circumstances under which forgery was perpetrated - Defendant who carries through the cross-examination of plaintiff and allows plaintiff to conclude his evidence cannot bring a plea after conclusion of plaintiff side..........
