Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of pleadings - An application U.O.6.R.17 CPC cannot be refused to be entertained while application U.O.7.R.11 CPC is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Amendment sought changing the basic nature and character of suit - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate pleas U.O.23, O.2.R.2 & S.11 CPC to claim that suit was barred - During pendency of other suit, present suit was instituted thus O.23 CPC is not applicable - So far as res judicata is concerned same is also not applicable as earlier suit was not decided on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Courts should be liberal in granting prayer for amendment of pleadings subject to certain conditions that amendment is not barred by limitation, the other party has not been taken by surprise or by the amendment some admission has been sought to be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment to incorporate the fact in respect of proceedings u/s 145 Cr.P.C. - Rejected on the ground that criminal proceedings has no relevance in the present dispute - Amendment sought will not cause any prejudice to the plaintiffs - While declining amendment there is no finding that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments should be allowed which satisfy the conditions (a) of not working injustice to the other side; and (b) of being necessary for the purpose of determining the real question in controversy between the parties - They should be refused only when other party cannot be placed in the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is not open to any party to substitute a new cause of action or to change the nature of suit or to substitute the subject matter of suit except when Court thinks it just and necessary...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Expression `new case' - Additional approach to the same facts does not amount to making out a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 17(1)(b) -- Amendment of claim petition filed u/s 124-A of Railways Act - New cause of action sought to be incorporated by way of amendment in claim petition - Cannot be allowed on ground of limitation in view of provision of 17(1) (b) of Railway Claim..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pre-trial amendments be allowed liberally than those which are sought after commencement of trial - In instant case, trial of suit had already commenced - Proposed amendment could not be said to be not in the knowledge of defendant - Rejection of application - Order upheld...........
