Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Application for amendment of pleadings is not subject to any period of limitation - Article 137 of Limitation Act is not applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - After commencement of trial - Amendment can be allowed only if Court comes to conclusion that in spite of due diligence the party could not raise the matter before the commencement of trial - In the instant case suit was instituted prior to 1.7.2002 as such amended provision not applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court has to consider whether the amendment is necessary for the purposes of determining the real questions in controversy - The other important consideration which has to govern the discretion of Court is the potentiality of injustice to the other side - If the inconvenience or prejudice to the other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Costs - In determining cost Court has to keep in view the amendment which was sought, the financial benefit, if any, derived by one party at the cost of the other, the delay and inconvenience caused by protraction of hearing and in the event of an appeal to the higher Courts that the victim of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Court is more liberal in allowing amendment of written statement as the question of prejudice is ordinarily far less - A defendant may be permitted to amend the written statement even to alter the defence or to take an inconsistent plea...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 - - Additional written statement - In effect it amounting to amendment of written statement - Held, if it is prohibited by law, if done directly, cannot be permitted to be done indirectly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held, plaintiff is justified in filing..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 3 -- Plaint - Amendment - To correct suit survey numbers and extent of suit property with specific boundaries - Nature of suit will not change - No change in relief sought - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Before commencement of trial Court has authority to allow an amendment of pleadings at any stage of the proceedings for the purpose of determining the real question in controversy between the parties - Even after the trial has commenced, Court is empowered to allow amendment of pleadings when it comes to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Converting suit for mandatory injunction to suit for specific performance - Suit for mandatory injunction with a direction to execute an agreement to sell in pursuance of payment of advance sale consideration - Denied in written statement - Cause of action to file suit for specific performance arose only..........
