Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn when it goes to the root of the case and the entire complexion of the written statement is sought to be changed by withdrawing such admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment to amend valuation of plaint and also to bring on record a subsequent event - Amendment allowed to give quietus to the litigation and to avoid further multiplicity of litigation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Due diligence - No reasons assigned by plaintiff in support of his application for amendment as to why proposed relief was not claimed originally by plaintiff in suit or during its pendency and why required to be claimed in appeal - Reason assigned in support of prayer that lawyer concerned dealing with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was posted for arguments - No explanation as to why amendment was not sought earlier - Dismissal of application, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Admission based on wrong legal basis - Can be allowed to be explained or withdrawn - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Relationship of landlord and tenant denied - Proposed amendment claiming as tenant and that he is regularly paying rent - Once petitioner has clearly averred in written statement that he is not tenant of premises in question, now he cannot be allowed to wriggle out from such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Petitioner has nowhere averred in amendment application that he has failed to raise matter before commencement of trial which he now wants to raise despite due diligence - Held, in absence of an such averment amendment application liable to be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after commencement of trial - All the alleged facts sought to be pleaded by amendment were already in the knowledge of plaintiff - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is based on the same set of facts..........
