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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
