Civil Procedure Code, 1908, Order 41, Rule 23A, 23 -- All issues decided by lower Court in plaintiffs favour - Appellate Court duty bound to record his own findings on each and every issue while setting aside judgment and decree under appeal - Appellate Court while allowing amendment of written statement set aside judgment and decree under appeal and remanded case to lower..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Title of plaintiff denied in original written statement - Amendment sought to plead vesting of land in Gaon Sabha - Admission remain in tact and untouched by amendment - Evidence of plaintiff not yet concluded - No prejudice to be caused - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Written statement casually drafted containing admissions and denials of some pleas and creating much confusion - Amendment sought for making the pleadings straight - Evidence of plaintiff still in progress - Application cannot be said to be delayed - Not a case which cannot be compensated with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Filed after close of plaintiff's evidence, seeking to take new stand - Should not be allowed - Order allowing such amendment - Set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Amendment sought purely legal and no evidence is sought to be produced - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application filed after close of evidence - Application should be considered liberally - Application contained several proposed amendments - Only such amendments be allowed which are legal and do not cause prejudice to the plaintiff - All such amendments which raise new issues, require..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Elaboration sought of pleas already taken - No necessity of amendment - Defendant is entitled to lead evidence on the pleas already taken by him as material facts and not evidence to be mentioned in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought a clarification only - Defendant was yet to lead his evidence - amendment of written statement allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - amendment sought to raise plea of oral petition - in evidence defendant admitting that partition proceedings are pending and have not been finally disposed of - cannot be permitted to withdraw the admission already made - amendment disallowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After close of evidence of parties - Should not be allowed if by such amendment nature of controversy is completely changed...........
