Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought to claim more share in the property - Once a new fact had come on record only during he course of evidence, which entitled the defendant more share in the property, the defendant was justified in moving application for amendment of written statement already filed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Suit for possession - Written statement with an averment that each party was owner of 1/4 share each - Application for amendment claiming 1/2 share on the basis of Will - Factum of Will revealed during the course of evidence led by plaintiff - Justification for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Written statement - Amendment sought at appellate stage - Eviction petition - Eviction on ground of personal necessity - Landlord constructed nine additional shops - Rejection of amendment application - Order upheld - However, appellant can apply for adducing additional evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence of defendant closed - Amendment sought to incorporate facts as to previous suit and filling of writ petition - Factum of previous suit and writ petition very well in the knowledge of defendants - Failed to raise plea at relevant time - Not open to defendants to raise plea after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings/written statement - No facts pleaded nor any grounds raised in amendment application - No contention in amendment applicaton that despite due diligence the matter could not be raised earlier - Amendment sought at belated stage - Issues framed - Three witnesses examined - Documentary evidence tendered -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement -Amendment sought after completion of evidence - No amendment can be allowed qua the facts which were in the knowledge when original written statement was filed...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6E -- Counter claim - Default in filling reply - Effect of - By way of amendment in written statement defendant No.3 to 17 raised a plea that their prescriptive title may be declared - Trial Court wrongly treated the plea as counter claim - No relief claimed against plaintiff - Counter claim directed against co-defendants in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Stage - Due diligence - Application for amendment filed when last opportunity granted to defendant to complete his evidence - Amendment declined as application moved at belated stage, plea sought to be incorporated by way of amendment already in knowledge, no reason assigned as to why plea..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Admission in evidence and written statement - Can be explained by way of filing application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Issues framed and suit fixed for evidence - Application seeking amendment a device to delay the trial - Held, application rightly rejected...........
