Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Evidence of both the parties was completed and case was fixed for delivery of judgment - Amendment sought will change the nature of suit - If amendment allowed on completion of evidence of the parties then proceedings would relegate to the stage of evidence for proving the facts in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Plaint - Amendment - Amendment sought before commencement of trial, if necessary for determining the real controversy, should be allowed liberally - If amendment is sought after commencement of trial, party seeking amendment has to satisfy Court that inspite of due diligence he could not raise the matter before..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso, Specific Relief Act, 1963, S.16(c) - Plaint - Amendment - Suit for specific performance of sale agreement - By way of proposed amendment, plaintiff-vendee wanted to incorporate legal plea of readiness and willingness to perform his part of contract as he omitted to raise this plea while filing plaint - Plaintiff had..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order cannot be faulted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Held, object of O.6.R.17 of CPC is that Court should try merits of the case that comes before it and amendment should ordinarily be allowed if it pertains for determining the real question of controversy between parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - On the basis of judgment in another suit - Permissibility - Held, any addition on the basis of a judgment in another suit, may be on the same issue, as to whether defendant No.9 was a major or not on the relevant date, cannot be allowed since second appeal is still pending and amendment sought has not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction suit - Amendment of written statement sought when petition was mature for final hearing - Plea of tenant that he was under impression that one of shops was in possession of somebody else, whereas during cross-examination of landlord, it was revealed that same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment is only further elaboration of facts already pleaded - Plaintiffs were already aware of these facts - Amendment application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Based on fresh cause of action - Law does not prohibit amendment of pleadings based on a fresh cause of action - Indeed permitting such amendment avoids multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Material in support of amendment sought is not required to be produced at the stage of seeking amendment of pleadings...........
