Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff categorically stated before Division Bench that only relief claimed is with regard to the latter part of prayer (i) of the plaint as it originally stood - Held, having made that statement, plaintiff cannot now alter the course of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Provision of O.7.R.11 CPC does not take away the power of Court to allow amendment of plaint when it discloses no cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A person who denies title of plaintiff does not lose a right to set up a plea of irrevocable licence - Delay of 11 years in seeking amendment and that too at the fag end of trial - Amendment allowed subject to payment of costs of Rs.15,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment sought to give a separate cause title to the counter claim - Held, no separate cause title is required to be given to a counter claim - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second amendment application - Maintainability - Earlier amendment application disposed of with cryptic one line observation that it was being disposed of as not pressed `with liberty granted to plaintiff to file an application giving subsequent events and nature of relief' - Held, said order cannot be treated as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of plaint and written statement stand on a different footing and different yardsticks are applicable - As against general principle that amendment of pleadings cannot be allowed so as to materially alter or substitute cause of action or nature of claim, in case of amendment to written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Amendment sought claiming tenancy rights over whole property - Suit contested for 21 years but no steps taken to get written statement amended - Amendment sought at appellate stage only to fill in lacuna in defence - It is settled law that legal argument cannot be converted..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for - Rejection of - Validity - Amendment application never argued before trial Court - Held, order rejecting amendment application liable to be set aside - Application remanded to be considered afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Reasons for not seeking amendment before commencement of trial not given - Dismissal of application - Upheld...........
