Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment of boundaries - Amendment not sought before commencement of trial despite due diligence, as it is noticed from the evidence let in - Proposed amendment in no way causes withdrawal of any inconsistent admission in the pleadings or grave prejudice to other side or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge Will set up by defendant - Proposed amendment would not change nature of suit, as suit is filed for declaration challenging validity of gift deed set up by defendant and now proposed amendment is against set up of Will - Parties to the lis are members of same family - If..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Tenant seeking amendment of written statement on ground that landlord's bona fide necessity had ceased because of his acquiring another shop within city - No details given of property purchased by landlord - Vague application for amendment is filed only to drag the trial -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Amendment - Once suit is time barred application for amendment is not maintainable - Application dismissed - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - S.113-A of Act came into existence by way of amendment since 26.12.1983 but as it is a matter of procedure and evidence so, it has retrospective operation - Presumption under the said section is thus available to cases where incident took place prior to 26.12.1983...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Discretionary power - Larger interest of litigants needs to be taken care of and discretionary power of amendment should be exercised in order to do full and complete justice - Court ought not to go into correctness or falsity of case in amendment - No finding needs to be recorded on merits of..........
