Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Withdrawing an admission cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Error of counsel - Observation of Court that an error of counsel would furnish a ground to a party to seek amendment of pleadings, cannot be accepted as it would allow parties to circumvent O.6.R.17 Proviso CPC by throwing the blame always on the counsel who originally drafted pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - When amendment does not alter the basic structure of suit but only seeks to add alternate plea and addition to facts already on record, amendment can be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(2) - - Amendment of plaint - As per S.22(2) Proviso of Specific Relief Act, if plaintiff has not claimed any relief in plaint, Court may at any stage of proceedings allow the plaintiff to amend the plaint on such terms as may be just for including such relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit already allowed - Amendment if..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution application - Execution can only be in accordance with the decree - If there is some mistake in the decree then decree has to be got amended - Amendment of execution application cannot be allowed by observing that there is an accidental slip in the decree and the same can be corrected -..........
Civil Procedure Code, 1908, Section 152, 153A -- Decree - Amendment - Clerical or arithmetical mistakes in the judgments, decrees, orders or errors arising therein from accidental slip or omission can be corrected at any time, by the Court, either of its own motion or on the application of any of the parties...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power u/s 152 CPC...........
Civil Procedure Code, 1908, Section 152, 153A -- Decree - Amendment - Where dismissal of appeal by first Court was not U.O.41.R.11 CPC, judgment and decree of trial Court would merge with judgment and decree of affirmance passed by appellate Court and in such case an application u/s 152 CPC would not be maintainable before trial Court...........
