Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Pleadings - Amendment - Amendment of pleadings when cannot be allowed U.O.6.R.17 CPC cannot be allowed by invoking provision of S.153 CPC - S.153 CPC deals with general power of amendment - Procedure is one as contemplated U.O.6.R.17 CPC - When one thing is clearly prohibited by the Order, it cannot be said that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Second suit could have been filed for seeking the relief which was claimed by way of amendment of plaint - By allowing amendment delay will be curtailed rather than caused - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment within prescribed period of limitation - Amendment cannot be denied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Plaintiff aware of the defence from the filing of written statement - However, facts not such so as to penalize the plaintiff for the acts of his Advocate - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of pleadings - An application U.O.6.R.17 CPC cannot be refused to be entertained while application U.O.7.R.11 CPC is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Amendment sought changing the basic nature and character of suit - Amendment cannot be allowed...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - After amendment of S.6 of the Act, all daughters have to be treated as coparceners entitled to equal share, irrespective of fact whether they are majors or minors or married with one exception that partition should not have taken place before 20.12.2004...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - Partition suit - Hindu Succession Amendment Act of 2005 was not on statue book when trial Court decided the suit in 1991 but had come into force pending the present appeal - Benefit of said amendment would enure to plaintiff since no final decree had been passed pending appeal - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate pleas U.O.23, O.2.R.2 & S.11 CPC to claim that suit was barred - During pendency of other suit, present suit was instituted thus O.23 CPC is not applicable - So far as res judicata is concerned same is also not applicable as earlier suit was not decided on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Courts should be liberal in granting prayer for amendment of pleadings subject to certain conditions that amendment is not barred by limitation, the other party has not been taken by surprise or by the amendment some admission has been sought to be withdrawn...........
