Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memo of appeal - Application for amendment filed by defendant was already dismissed by first appellate Court on the ground that said ground has already been raised by defendants in their memo of appeal and issue in that regard was already framed by trial Court - Application filed by defendant was nothing more..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Insolvency and Bankruptcy Code (Amendment) Act, 2019, Section 4, 6 -- Constitutional validity - Contention that legislature cannot interfere with a particular NCLAT judgment and set it aside - Held, it is true that it may well be that law laid down by NCLAT in case forms basis for some of these amendments, it cannot be said that legislature has directly set aside judgment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memorandum of appeal - Application U.O.41.27 for additional evidence already allowed - Amendment sought merely to substantiate pleadings with regard to additional evidence already permitted to be brought on record by Appellate Court - Application cannot be rejected only on ground that it would delay proceedings -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought would have the effect of changing very nature of case - Court committed no fault in rejecting application for amendment - No interference warranted in impugned order...........
