Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court is not bound to reject an application for amendment if a fresh suit on the amended claim would be barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court should not go into the correctness or falsehood of the case set up in amendment, nor record a finding thereon at the time of considering an application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bar of limitation - Merely because a dispute is raised that claim sought to be made by way of amendment is barred by limitation, application for amendment cannot be rejected - Court has to frame an issue on that point of bar of limitation & than decide it in the main suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Proviso to O.6.R.17 does not create an absolute bar or shut out entertaining of an application for amendment of pleadings after commencement of trial but only permits it if party seeking amendment shows that, in spite of due diligence, he could not raise the plea prior to commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While considering application for amendment, normally the merit of case is not to be examined - A party may have a weak case on merit - However, if amendments are necessary in order to decide the real controversy between parties, then amendment application cannot be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - A party cannot be permitted to introduce altogether a new case and amendments should not be allowed if it would cause injustice to the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Courts can allow all amendments, which are necessary for determination of real controversy and disputes between the parties provided it does not cause any injustice or prejudice to other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in order to ensure..........
Press and Registration of Books Act, 1867, Section 5(8) -- Editor - Citizenship of India whether should be the pre-requisite for a person to be appointed as the Editor of a publication in India - As literacy increases the media becomes powerful and influences the political and social thinking of the targeted audience - It may be true that citizenship kindles a sense of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiff while appearing as his own witness made certain admissions in cross examination - Amendment cannot be allowed to deny or plead contra to the admissions made at a subsequent stage - No party should be allowed to deprive the benefits accrued to it in the cross-examination of other side..........
