Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After dismissal of suit - Amendment sought that boundaries of suit property could not be explained properly due to oversight - It is not pleaded that despite due diligence these facts were not mentioned in the plaint earlier or that same were not in his knowledge - It is a blatant attempt on the part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the boundaries of suit properties - Boundaries of suit property mistakenly shown in schedule of property and ad interim injunction obtained on said basis - Amendment sought by plaintiff will introduce a fresh cause of action - Defendant will suffer irreparable loss by proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment of survey no. and boundaries - Amending sought will not change nature of suit and will not introduce a new cause of action - Application for amendment is bona fide - No prejudice is caused to other side by allowing amendment - Application for amendment rightly..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of boundaries - This shows that plaintiff was not aware of the boundaries over which he seek to declare his right at the time of filing suit - Plaintiff is required to be definite of his case in every aspect - Order declining amendment, calls for no interference...........
