Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of vendees - It came to notice of petitioner/plaintiff from written statement that land has already been sold - Immediately thereafter, petitioner moved an application for amendment of plaint and impleadment of vendees - Held, application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn when it goes to the root of the case and the entire complexion of the written statement is sought to be changed by withdrawing such admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment to amend valuation of plaint and also to bring on record a subsequent event - Amendment allowed to give quietus to the litigation and to avoid further multiplicity of litigation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Due diligence - No reasons assigned by plaintiff in support of his application for amendment as to why proposed relief was not claimed originally by plaintiff in suit or during its pendency and why required to be claimed in appeal - Reason assigned in support of prayer that lawyer concerned dealing with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was posted for arguments - No explanation as to why amendment was not sought earlier - Dismissal of application, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Admission based on wrong legal basis - Can be allowed to be explained or withdrawn - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Relationship of landlord and tenant denied - Proposed amendment claiming as tenant and that he is regularly paying rent - Once petitioner has clearly averred in written statement that he is not tenant of premises in question, now he cannot be allowed to wriggle out from such..........
