Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Not to be allowed after trial has commenced, unless Court comes to conclusion that in spite of due diligence, party could not have raised the matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought before commencement of trial and to insert an additional relief - Amendment sought is to avoid multiplicity of proceedings and for effective and proper adjudication of controversy between the parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration of title and permanent injunction - Proposed amendment not brought to knowledge of defendant's counsel during preparation of written statement, but on perusal of record, error come to knowledge - Reason assigned by defendant seems to be just and bonafide - Defendant could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - If some facts come to knowledge subsequently and subsequent to the commencement of trial and if it is found that it is necessary for determining the real questions in controversy between the parties, such an application for amendment can be allowed ever after trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dealing with cases of amendment in plaint and written statement are different and Courts should be liberal in case of amendment sought in written statement but with a proviso that no application for amendment shall be allowed after the trial has commenced, unless Court comes to conclusion that in..........
