Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Commencement of trial - Held, trial begins when issues are framed and case is set down for recording evidence - Date on which issues were framed is date of first hearing and further that filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Due diligence - Scope and effect of proviso - Commencement of trial - Held, application for amendment of pleadings can be entertained even after commencement of trial - It must be shown by party that inspite of due diligence he could not raise matter of amendment before commencement of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Amendment of pleadings - In a suit for partition, in the event plaintiff has included only certain properties as if they are available for partition and leave some other properties which are also available for partition, request of defendant in such event to include left out properties also in plaint schedule..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Accident claim petition - Amendment of - Amendment sought for by respondents-claimants was that the word "motorcycle" in place of "rickshaw" at item No.27 of claim petition be substituted and word "Nahi" at para No.10 of same be deleted - Amendments were allowed by trial court - Legality of - Held, amendment has altogether..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical mistake - Amendment sought for, appears to be typographical mistake and does not give rise to any further issues - Typographical mistakes cannot be declined merely on ground of delay which could be compensated with costs - Amendments/corrections are based on revenue record which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Held, only on the ground of delay amendment should not be refused if it is bonafide, legitimate, honest and necessary for determination of real question in controversy between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Factors to be taken into account - Held, first condition which must be satisfied before amendment can be allowed by court is whether such amendment is necessary for determination of real question in controversy - If that condition is not satisfied, amendment cannot be allowed - This is basic..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6-A -- Amendment of written statement to incorporate counter claim - In the instant case compromise decree passed - Set aside in appeal and case remanded - Counter claim by way of amendment of written statement sought on the ground that suit land had been mutated in the name..........
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1955, Section 25B,15 -- Eviction petition - Delhi Rent Control Rules 1959, R. 23 - Leave to defend - Amendment - Amendments sought were of facts which were already known to petitioner - Facts were all pre-existing i.e. existing at the time when application for leave to defend was filed - Held, if such..........
