Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission so as to displace defendant completely from such admissions - Not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance of agreement to sell - Amendment sought that plaintiff is owner in possession by way of adverse possession - In the original suit plaintiff had admitted the ownership of the defendant - By the proposed amendment plaintiff is trying to change the nature of the suit itself and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original pleading that plaintiff is in possession of the suit land as gair marusi under the defendant - Amendment sought that defendant is in possession of suit land as gair marusi without payment of any rent - Held, plaintiff is not changing his admission but is only taking alternative pleas - Amendment..........
Civil Procedure Code -- Amendment of plaint - Originally plea taken that plaintiffs in possession of suit land as gair marusi under defendants - By proposed amendment plea of possession as gair marusi without payment of rent - Plaintiff not trying to change any admission made in the plaint - Alternative plea of owner by adverse possession - Permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Date of agreement to sell sought to be changed - Mistake caused due to carelessness - No new case set up nor any admission is being retracted - Suit at initial stage - Amendment necessary for deciding real controversy - Amendment allowed...........
Civil Procedure Code -- Amendment of written statement in appeal - Stand in original written statement that defendants purchased suit land whereas by proposed amendment stand taken that defendants inherited suit land by virtue of Will - Not a case of explaining an admission in written statement - Substantial delay of more than 5 years in filing application for amendment -..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Admission of the receipt of an amount, by itself, is no admission in respect of the liability to repay it, to constitute an acknowledgment which may be relied upon by the plaintiff for seeking a fresh period of limitation - Defendant ought to have admitted, may be impliedly or indirectly, an existing obligation on his..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 24 -- Suit not filed within limitation - Rejection of plaint at the stage of admission - Only if from a plain reading of the plaint itself a clear case of bar of limitation is made out - Where the Court has any doubt or a bona fide dispute is raised,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - By amendment such admission cannot be allowed to be withdrawn if such withdrawal would amount to totally displacing the case of plaintiff and which would cause him irretrievable prejudice...........
Criminal trial -- Killing by administering cyanide - No eye witness - While administering poison, A3 and A4 received injuries - What A3 and A4 told doctors amounted to an admission - They are admissible in evidence...........
