Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment should not be adjudged at the stage of allowing or dismissing prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought before commencement of trial and to insert an additional relief - Amendment sought is to avoid multiplicity of proceedings and for effective and proper adjudication of controversy between the parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering application for amendment, Court shall not go into merits of case - Primary object of Court is to see whether amendment is imperative for proper and effective adjudication and whether seeking amendment is bona fide or mala fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend the door number as mentioned in plaint - Proposed amendment is not constitutionally or fundamentally changing the nature or character of suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
