Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Cannot be refused merely because of some mistake, negligent or inadvertent, committed while filing a suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical errors - Amendment sought due to inadvertence, in place of word `gher' word `khor' was typed in the plaint at certain places - Amendment is simply a rectification of certain typographical errors which are noticed at the fag end of case - Proposed amendment is not going to change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Due diligence - Meaning - Due diligence means such diligence as a prudent man would exercise in the conduct of his own affairs...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Amendment necessitated due to a Full Bench Decision settling the legal position - Plaintiff cannot be found fault either for not seeking the amendment at the commencement of trial or for seeking the amendment at the stage of first appeal - Lack of `due diligence' cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought necessary for proper and effective adjudication of suit - Application for amendment bonafide - Refusal of amendment would lead to injustice - Allowing amendment will not cause any prejudice to defendant - Amendment allowed...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partnership firm - Death of one partner - Devolution of interest - A registered partnership firm, consisting of only two partners, filed suit when both partners were alive - During pendency of suit one of the partners died - Partner who died is none other than the father of..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 30, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit by partnership firm consisting of two partners, father and son - Death of father - Out of the two surviving heirs, sister not interested in prosecuting suit - Held, surviving partner is entitled to continue the suit and amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Non-filing of amended plaint - Suit not to be dismissed even if amended plaint not filed - Rather Court to proceed on the original plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay of 6 years in seeking amendment - Application moved at the stage of final arguments in appeal - Amendment at such belated stage, after a quarter of century not necessary for purpose of determining real question in controversy between parties - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment plaintiffs wanted to mention the land as 49 Kanals 4 Marlas instead of 24 Kanals out of which they are claiming to be in exclusive possession of 24 Kanals of land - Held, amendment is only for correction of typographical error i.e. figures - Otherwise also, it will not change the..........
