Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amended plaint - To be strictly in accordance with permission granted by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Categorical admission made by plaintiff cannot be allowed to be amended - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking out pleadings - Amendment of plaint - Written statement to the amended plaint - Plaintiff failed to show how the amended reply/written statement was inconsistent with the previous reply/written submission - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
