Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to introduce plea that properties in dispute were purchased from income and sale of ancestral property - Trial already commenced - Earlier there is no mention regarding house in dispute as ancestral coparcenary property - In no way it can be said that this plea was not within knowledge..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought for clarification and for additional evidence to prove the same - It become necessary to make clarification by way of amendment so that it may commensurate with evidence already available on record coming from custody of revenue department and cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Principles culled out from various judicial decisions - Enumerated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant can take alternative pleas - However, the same should not be destructive of each other...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay - Not a ground for rejection of application when no serious prejudice is shown to have been caused to the other side by allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Restraining defendant from using the trade mark `Heritage' - Amendment of written statement sought so as to plead that mark `Heritage' is a generic word and thus no person/company including plaintiff can claim exclusive use of the same and in the alternative to plead that it is defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the post trial stage - Delay in seeking amendment - Nothing stated as to why the plea now sought to be introduced by way of amendment was not raised before commencement of trial - Nothing in amendment application to show the satisfaction of conditions mentioned in proviso to O.6.R.17..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Amendment of plaint - An application for amendment of plaint, even after passing of decree, is maintainable u/s 152 CPC...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Amendment of plaint - At execution stage - Amendment of boundaries - Amendment of plaint sought consequent to report of bailiff in execution that boundaries mentioned in schedule annexed to the decree do not tally with those found on physical inspection - An application for amendment of plaint, even after passing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
