Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or rejecting prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court ought to have allowed the application without calling for any proof of same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It was mandatory on the part of Court to allow all amendments which are necessary for the purpose of determining real controversy between parties - Court is not obligated to go into correctness or falsity of case of either side at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Case is only at the stage of pleadings - Amendment sought would not introduce a new cause of action - Amendment of a written statement need to be considered liberally than amendment of plaint - Amendment application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of amendment, merits or correctness of the plea sought to be added is not required to be gone into and amendment application is to be considered and decided as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in filing petition for amendment could not be a ground to deny amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment serving the needs of justice, cannot be refused merely on technical limitations...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
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...........
