East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement for withdrawal of admission - By moving application for amendment, petitioner-tenant wants to negate benefit accrued to respondent-landlady on basis of earlier defence taken by him - Held, a right has accrued to..........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - Any amendment in procedural law is bound to be applied retrospectively unless amended provisions themselves restricted its application only to future actions...........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - O.22.R.3 CPC provided for a manner of impleadment of legal representative and the Limitation Act that prescribes the period when a failure to take action would result in abatement is procedural in character and therefore, the amendment must be deemed to be available for all..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - To claim interest on mesne profits which was not granted in the decree - Such decree cannot be sought to be amended by filing an application u/s 152 CPC as it is not a clerical mistake, accidental omission or arithmetical error - Only remedy available to aggrieved party is to file an appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Doctrine of relation back - Amendment once incorporated relates back to the date of suit - However, doctrine of relation back is not one of universal application - In appropriate cases, Court is competent that amendment permitted shall not relate back to date of suit and shall be deemed to have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At the stage of deciding application for amendment of plaint, merits of proposed amendment are not to be adjudicated upon - It would be seen after trial as to whether claim of plaintiff, being introduced by amendment of plaint, is to be allowed or not - However, said adjudication can be gone into only if..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought to implead defendant No.2 as party to suit and rectification of the date of agreement - Held, by allowing amendment of plaint, trial court has not allowed rectification of impugned agreement - On the contrary, trial court has permitted plaintiff to seek relief of rectification of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 20A -- FIR - Recording of - Prior written approval - Applicability of amendment Act of 1993 - Case registered on 13.02.1992 - Charge-sheet submitted on 12.02.1993 - Cognizance taken on 18.02.1993 - Held, all these steps were taken before coming into force of amendment Act - Therefore, appellants cannot..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment - Written statement - Typographical mistake - Defendant unaware of alleged typographical mistake even after three attempts to amend his pleadings - Defendant failed to exercise "due diligence" in culling out a typographical mistake out of the written statement - Application filed with an ulterior motive..........
