Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, Family Courts Act, 1984, Section 7, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Amendment of petition filed u/s 7 of Family Courts Act - To incorporate reliefs u/ss 18 to 22 of PWDV Act - S.26 of PWDV Act empowers Civil Court, family Court or a Criminal Court to grant reliefs u/ss 18 to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a legal representative - Death of defendant - Petitioner claims to be LR of deceased defendant, her right to participate in the suit is covered by O.22.R.3 CPC - She is not claiming independent right over property to file a separate suit - Petitioner being a LR is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court may at any stage of proceedings allow amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought clarificatory in nature and does not make out a new case or insert any new relief - Question of limitation thus, not arise - Application allowed...........
