Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party cannot ordinarily be permitted to withdraw clear and categorical admissions made in pleadings, particularly when such admissions confer a valuable right upon opposite party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay, in absence of prejudice, is not a valid ground for rejection, particularly when refusal would lead to multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merit of amendment cannot be prejudged at the stage of considering application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question of delay in moving an application for amendment should be decided not by calculating period from the date of institution of suit alone but by reference to stage to which hearing in suit has proceeded - Pre-trial amendments are allowed more liberally then those which are sought to be made..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought only to incorporate a relief which was based on a cause of action which arose after filing of suit - Question of possession has to be considered and decided after evidence is led by both the parties - Only issues have been framed and no evidence led by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application rejected on the ground that application was filed after a long lapse of time - Amended proviso O.6.R.17 CPC does not apply to the instant suit as suit was filed in the year 1997 which was prior to the amended provision - There will be no change in the nature of suit as relief in substance is..........
