Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining real questions in controversy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for injunction - Title of plaintiff to suit property denied by defendant - Filing of an application for amendment of plaint seeking declaration of title in appeal - Allowing such application by appellate Court is not justified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application for amendment shall not be allowed after trial has commenced, unless in spite of due diligence, the matter could not be raised before the commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at the appellate stage - Amendment sought to bring the subsequent development on record which is a Deed of Assignment - Proposed amendment will not cause prejudice to defendants - Deed of Assignment will have to be considered by Court if amendment is allowed - It would be open for court to observe to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought on the ground that fact relating to proposed amendment could not be typed due to inadvertence on the part of counsel as well as typist concerned - Amendment disallowed by holding that on the basis of such contention, amendment of pleading cannot be allowed - Held, trial Court has examined the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Where facts sought to be incorporated in the plaint were already in the knowledge of plaintiff at the time of filing the suit, in that eventuality, amendment cannot be sought after framing of issues...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court is not bound to reject an application for amendment if a fresh suit on the amended claim would be barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court should not go into the correctness or falsehood of the case set up in amendment, nor record a finding thereon at the time of considering an application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bar of limitation - Merely because a dispute is raised that claim sought to be made by way of amendment is barred by limitation, application for amendment cannot be rejected - Court has to frame an issue on that point of bar of limitation & than decide it in the main suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Proviso to O.6.R.17 does not create an absolute bar or shut out entertaining of an application for amendment of pleadings after commencement of trial but only permits it if party seeking amendment shows that, in spite of due diligence, he could not raise the plea prior to commencement of trial...........
