Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Evidence already commenced - Plaintiff under cross examination - Plaintiff under the garb of amendment application cannot be permitted to overcome the contradictions that have emerged in the course of his cross examination - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision cannot be treated as an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Amendment sought at the stage when evidence was already over and case was fixed for hearing - Order rejection amendment application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party seeking amendment, after commencement of trial, is bound to first plead and then prove that amendment sought could not be pleaded before commencement of trial despite its due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to incorporate plea that petitioners have five other shops besides the shop in dispute - Amendment if permitted to be taken on record would not cause any prejudice to tenant as plea of tenant is not being prejudiced by amendment rather it would vindicate the plea of tenant to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint disclosing no cause of action and hopelessly barred by limitation even if averment made in application for amendment of plaint are taken into consideration in view of admission and knowledge of plaintiff and her family members - Plaint rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court must not refuse bona fide, honest and necessary amendment but at the same time, Court should never permit mala fide, dishonest and unnecessary amendment which may cause prejudice to other side which cannot be compensated adequately in terms of money...........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent contention - Contention which was inconsistent with the written statement already filed cannot be brought by amendment...........
