Succession (Kerala Amendment) Act, 1996, Section 213 -- Will - Testator was a Indian Christian and he died after coming into force of S.213 of the Act - Need for obtaining a probate of Will is not to be insisted upon as S.213(2) of the Act does not apply in case of Will executed by Indian Christian - Insistence of respondent bank to probate the Will is thus, unwarranted -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought is merely explanatory and clarificatory in nature which has no effect of altering nature of suit - Trial Court allowed amendment holding that amendment sought was imperative for just decision of the case on merits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If by way of amendment the very rights of defendant which had accrued to him are being prejudiced then amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No amendment can be allowed in the pleadings if nature of plaint or nature of defence case is altogether changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of arguments - Proposed amendment if allowed would change very nature of plaint and very source of title which plaintiffs have averred to have been derived this property in suit - Amendment sought also being very vague and general in nature, as no date of sale deed and particulars thereof is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
