Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Important factors for deciding the application for amendment of pleadings are : (i) whether the amendment sought is imperative for proper and effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment has challenged three registered documents on various grounds - Merit or demerit of his contention cannot be considered at this stage - Same is liable to be allowed if a valid case for amendment is made out in order to decide real dispute between parties - Since the facts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff claimed to be owner of 1/2 share in the suit property - By way of first amendment share claimed to be 2/3rd - After 12 years by way of present application plaintiff claimed to be exclusive owner of property in question - Amendment sought besides being highly belated is barred by limitation and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If proposed amendment has the effect of raising a conflicting plea that by itself would not constitute ground to reject the amendment, as it is for plaintiff to ultimately justify his pleadings and prove the same with reference to evidence - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Categorical admission made in respect of partition - Under the garb of amendment defendant seeks re-partition of the property - Proposed amendment not bona fide - Amendment disallowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pleadings cannot be amended after defence counsel completes his arguments...........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of pleadings when cannot be allowed U.O.6.R.17 CPC cannot be allowed by invoking provision of S.153 CPC - S.153 CPC deals with general power of amendment - Procedure is one as contemplated U.O.6.R.17 CPC - When one thing is clearly prohibited by the Order, it cannot be said that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Second suit could have been filed for seeking the relief which was claimed by way of amendment of plaint - By allowing amendment delay will be curtailed rather than caused - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment within prescribed period of limitation - Amendment cannot be denied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Plaintiff aware of the defence from the filing of written statement - However, facts not such so as to penalize the plaintiff for the acts of his Advocate - Amendment allowed...........
