Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint by legal heirs/representative - By way of amendment plea raised that property in the hands of `A' was ancestral qua his grandsons as the same was inherited by `A' from his father - Amendment sought in Regular Second Appeal - Original plaintiff had knowledge of this facts - Had not taken up the plea -..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - A liberal approach is to be adopted in allowing the amendment of pleadings - Amendment can be allowed at any stage which would include the second appeal also - Real controversy between the parties yet to be adjudicate - Decision of the amendment will not in any manner affect the respective merits of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings/written statement - No facts pleaded nor any grounds raised in amendment application - No contention in amendment applicaton that despite due diligence the matter could not be raised earlier - Amendment sought at belated stage - Issues framed - Three witnesses examined - Documentary evidence tendered -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Section 96, 100, Order 43, Rule 1-A -- Challenge to non-appealable order - Application for amendment declined along with main case - No separate order passed - Order part of judgment and decree - Only remedy is to challenged said order in the main appeal against the judgment and the decree...........
Civil Procedure Code, 1908, Order 43, Rule 1-A -- Challenge to non-appealable orders in appeal against decree - Application for amendment of plaint before First Appellate Court - Declined - Appeal dismissed - Second Appeal - Order declining amendment challenged in second appeal - Objected to - Plaintiff has right to challenge order declining amendment in plaint in appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Land Acquisition Act, 1894 -- As amended by the Land Acquisition (Amendment) Act of 1984, Ss.23(1), 28 & 34 - Land Acquisition - Compensation - Rule of appropriation when award of compensation is at different stages - A claimant or decree holder who has received the entire amount awarded by reference court or who had notice of the deposit of entire amount awarded cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dismissal of appeal - Application becomes infructuous and no order can be passed on it - Rejection of application by first appellate Court after disposing appeal - Held, not proper...........
