Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought does not alter the nature of suit - Issues in main suit are yet to be framed and suit was at the stage of filing written statement - Allowing amendment even before filing of written statement would not have any adverse effect on defence set up by defendants - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in seeking amendment in pleading by itself, cannot be sole ground on which application for amendment can be rejected - However, where O.6.R.17 proviso CPC comes into play, jurisdictional fact needs to be satisfied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - After commencement of trial - Trial commences from the date of filing of affidavit in lieu of evidence of witnesses and application seeking amendment in plaint after filing of said affidavit would be governed by O.6.R.17 proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Unnecessary adjournments and adjournments on the mere asking of parties/counsel has to be declined...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - O.17.R.1 CPC states that on sufficient cause being shown, Court may at any stage of suit, grant adjournment for reasons to be recorded in writing provided no such adjournment should be granted more than three times to a party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
