Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of amendment, merits or correctness of the plea sought to be added is not required to be gone into and amendment application is to be considered and decided as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in filing petition for amendment could not be a ground to deny amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment serving the needs of justice, cannot be refused merely on technical limitations...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
