Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for enhancement of damages in relief clause - Suit for specific performance or damages - Application filed at the stage when suit was fixed for final arguments - An amendment application seeking reliefs which are not permissible in law cannot be allowed as amendments - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Written statement was filed in the year 1995, which was much before commencement Act of 2000, consequently amended provision of O.6.R.17 CPC would not be applicable - Trial Court not justified in rejecting application by applying amended provision of O.6.R.17 CPC - Even otherwise, amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application cannot be rejected merely on the ground of delay, however, long it may be, provided facts of case warrant allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment be allowed, if (i) it does not cause injustice to other side; and (ii) it is necessary for purpose of determining real questions in controversy between parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of averments sought to be incorporated by way of amendment is not to be judged at the stage of allowing prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate existing defence - Allowing amendment would not amount to withdrawal of an admission contained in the written statement - Amendment would cause no prejudice to the plaintiff - Order allowing amendment by trial Court restored...........
