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 8, Rule 1A -- Production of documents - Application filed to receive original Will and mark the same as exhibit - Though there is a recital about Will in written statement with regard to said Will, there is no hindrance to receive the same - But, in view of fact that application for amendment of counter affidavit filed by defendant was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court cannot permit an amendment which seeks to withdraw or nullify an admission already made or introduces a defence which is mutually destructive of earlier pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after a delay of 7 years from filing of written statement - No new fact is going to be pleaded and amendment if allowed would not change the nature of defence raised by defendant - Application allowed subject to payment of costs of Rs.30,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at a primary stage - No new relief has been sought and only nature of suit property would be changed to some extent, but it is not the fact that there would be complete overhauling of plaint - When suit is at its initial stage and defendants have all the opportunities available to rebut the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
