Civil Procedure Code, 1908, Order 6, Rule 17 -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at execution stage - Amendment sought to correct name of Kissam - Executing Court rejected the amendment application and also dismissed the execution case - Held, order rejecting amendment set aside and quashed - Execution case revived - Executing Court will correct decree by correcting the name of Kissam..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Written statement - Amendment after commencement of trial - Held, can be allowed in appropriate cases...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought would not change the nature of petition before the trial Court - Held, same could be allowed - However, delay in filing of the application could be compensated with costs - Petitioner is permitted to amend her written statement, as sought for, subject to payment of Rs.10,000/-..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Amendment sought that under Hindu Mitakshara Law no individual male member of a joint family is empowered to transfer or alienate the claim of any part of the portion of the Hindu Joint Family property - Defendant has already taken the defence that there was no sale deed and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Incorporation of relief in the prayer clause - Application cannot be dismissed merely for the reason of non payment of requisite Court fees - Amendment allowed on payment of requisite Court fees...........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Held, trial in a civil suit commences from the date of filing of affidavits in lieu of the examination in chief of the witnesses and the proviso to O.6.R.17 of the Code will come into play only after stage of filing of affidavits in lieu of examination in chief of witnesses...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - Due diligence - Held, where the amendment is sought after commencement of trial it is obligatory upon the party to make out a cause of `due diligence' and for Court to record finding satisfying the said condition otherwise allowing an amendment would be contrary to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(5) -- Plaint - Amendment - Suit for specific performance - Amendment of plaint sought to claim alternative relief of refund of sale consideration paid in advance - Amendment of plaint to seek alternative relief can be allowed at any stage of the proceedings to which provisions of Limitation..........
