Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Proviso to O.6.R.17 CPC obligates the person applying to plead and prove that in spite of due diligence he could not bring the aspect covered by such amendment to the consideration of the Court earlier - Such ingredient or contingency of due diligence is a sine qua non for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Neither issues framed nor trial commenced - Amendment application erroneously rejected on ground of delay and limitation - Order not sustainable - Matter remitted to consider application afresh in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Amendment of written statement - Equitable set off - Plea of equitable set off is independent of provisions of CPC - It is different from legal set off and is sought when there are mutual debits or credits or cross demands arising out of same transaction - Such plea cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at appellate stage - Permissible, provided that such amendment does not cause injustice to other party and is necessary for determination of question in controversy...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to set up plea of counter-claim - If counter-claim is not set up by defendant in original written statement, it should be refused to be taken on record and it is not permissible to file counter-claim after filing of written statement - Rejection of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendment for withdrawing admission in pleadings cannot be allowed...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(1)(a) -- Eviction - Bona fide need - Arrears of rent - Composite petition filed u/s.14(1)(e) and 14(1)(a) of the Act - Nothing on record to evidence that an oral request had been made to Court to treat petition only u/s.14(1)(e) and not as composite one r/w S.14(1)(a) of the Act - Held, if petitioners wanted proceedings to..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Mere fact that counter claim has been permitted to be set up by way of amendment to written statement does not disable the Court from excluding it later - Plaintiff is entitled to file an application for exclusion of counter claim notwithstanding the fact that the same is set up - Separate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where issues have been framed before filing of amendment application admittedly proviso to O.6.R.17 CPC comes into picture and it would have to be seen if condition specified in proviso is satisfied by petitioner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Due diligence - Happening of incidents during pendency of proceedings - Amendment sought is necessary which could not have been effected earlier in spite of due diligence - Amendment allowed...........
