Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of a party as plaintiff No.2 - Amendment of plaint at the instance of newly added plaintiff - Held, newly added plaintiff is not entitled to get the plaint amended filed by original plaintiff - Provision of O.6.R.17 CPC does not confer power on Court to allow an impleaded party to amend or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of LRs of plaintiff - Plea of joint Hindu Family Property introduced by LRs in addition to challenge to alienation made by their father does not run contrary to pleas already set up by their father plaintiff - LRs cannot be foreclosed to introduce any other plea which becomes available to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit against a dead person - Provision of O.6.R.17 CPC cannot be invoked to delete the name of a dead person who was dead before the institution of suit or for purpose of substituting any other person in his place...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought by landlord that title of eviction petition had been wrongly mentioned - Petition for eviction of tenant was filed u/s 13 of East Punjab Urban Rent Restriction Act but it had been wrongly mentioned to be petition u/s 13 of Haryana Urban (Control of Rent & Eviction) Act -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission on ground of fraud and misrepresentation - Sufficient reasons ex facie shown by suspicious circumstances which led to the filing of written statement itself as being one induced by fraud and misrepresentation practiced on an unsuspecting family member - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to take a new plea to fill-up the lacuna and only to prolong the proceedings - Moreso, pleas sought to be incorporated by way of amendment was within knowledge of defendants when defendants filed the written statement - Application for amendment rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Second application filed during pendency of first application - Withdrawal of first application - Not a ground to dismiss the second application as it is not necessary to take permission of Court to withdraw that application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Where amendment is necessary for just decision of the case between the parties, it is no ground that application has been filed at belated stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaintiff seeking cancellation of gift settlement deed and sale deed and also injunction, even though he is not party to any document - Court below without analyzing legal and factual situation and without assigning cogent reasons rejected proposal for amendment of pleadings - Order of rejection,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rejection of application on the ground that advocate of applicant is not present and application remained pending for ten years - Impugned order is not only cursory and cryptic but also an unreasoned order - Reasons should be given on merits of case and not on no, germane issues - Impugned order set..........
