Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not necessary to grant present Judge's..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction petition - Amendment of - Personal necessity - Contention of petitioner/tenant that respondent/landlord had not pleaded necessary ingredients of S.13(3)(a)(i) of the Act and he was allowed to do so only by way of amendment and that too after leading evidence by parties, therefore, personal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By way of amendment defendant sought to introduce a new case of split tenancy, which goes contrary to his earlier stand - Moreover defendant fails to prove that matter now sought to be introduced by amendment could not have been raised earlier in spite of due diligence - Amendment rightly..........
Motor Vehicles Act, 1988, Section 163A - - Sch.II - Accident - Structured formula - Second sch. was enacted in 1994 - Now more than 19 years have passed but no amendment has been made - It has now become redundant, irrational and unworkable due to changed scenario including present cost of living, current rate of inflation and increased life expectancy - Held, Central..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment to claim alternative relief that in the event plaintiff is dispossessed during pendency of suit he is entitled to relief of recovery of possession - Held, prayer is purely incidental and no prejudice would be caused - Alternative prayer that plaintiff asked is most appropriate and just..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet another relief is sought to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of amendment of plaint - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When cause of action for amendment arose during pendency of suit, proposed amendment ought to be granted and bar U.O.6.R.17 for seeking amendment of pleadings after commencement of trial and requirement of due diligence under the proviso thereto would not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere fact that amendment is permitted does not mean that Court has accepted the plea of plaintiff or the pleadings sought to be included by way of amendment are true and plaintiff is entitled to the relief sought by way of amendment - Defendant would have an opportunity to file additional written..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction of High Court - After amendment of S.115 CPC, the remedy of revision against interlocutory orders are excluded - However, High Court can interfere with such orders in exercise of its supervisory jurisdiction under Article 227 of Constitution of India over Subordinate courts to do equity and to set at naught..........
