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 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 - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two successive applications for amendment were filed - Application filed earlier was dismissed as not pressed and exactly similar application has been filed without mentioning about earlier application or reasons for withdrawal of earlier application and filing of subsequent application - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Proposed amendments are in relation to events which have taken place after institution of suit and relate to the same subject matter - If amendments are allowed, defendants get a chance to file additional written statement to controvert and contest such averments and prayer - However,..........
Service -- Government Order - Effect of - If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively - Conversely, if a subsequent Government Order is held to be a modification/amendment of earlier Government Order, its application would be prospective as retrospective application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
