Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced - However, since amendment sought..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint Additional facts - Facts sought to be brought on record necessary for complete adjudication of dispute between parties - There is no change in relief sought - Nature of suit not changed - Amendment allowed...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - On the date of filing application relief sought to be incorporated by way of amendment was hopelessly barred by Article 58 & 113 of Limitation Act - Impugned order of allowing amendment by Appellate Court, sets aside...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Amendment of plaint - By way of amendment relief of mandatory injunction sought as defendants carried out demolition of the disputed property during pendency of suit - Question as to whether demolition is carried out in the land belonging to plaintiffs or not is a question of fact to be decided on appreciation of evidence to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Relief of mandatory injunction in a suit filed for permanent injunction as it was necessitated by subsequent developments - Proposed amendment not filed belatedly - Issues not framed - Trial not yet commenced - Nature of suit also not changed, if amendment is allowed - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the petitioner entitled for interest, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to seek relief of specific performance and mandatory injunction - Trial of suit not commenced, as issues not yet framed - By incorporating relief of specific performance no new case is introduced, as suit instituted is based on contractual obligations of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
