Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Co-defendant has a right to challenge or oppose the amendment sought by other defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Consequential amendment - A new plea cannot be permitted to be added in the garb of a consequential amendment, though it can be applied by way of an independent or primary amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn but at the most can be explained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Co-defendant seeking amendment of written statement after 13 years of filing of the written statement on the ground that written statement was not drafted properly at the instance of other defendant - It is not possible that defendant did not know the contents of the written statement for 13..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(6) -- Plaint - Amendment - Suit for specific performance - Relief of possession - Not sought - Amendment of plaint allowed to claim relief of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Amendment sought to claim relief of damages as due to digging up trench/Khai cracks have appeared on the wall - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought to change description of property - Mistake realised on the day on which he sat with his Advocate for writing written statement - Explanation is just and sufficient - Cannot be said that plaintiff was not diligent which filing the suit itself - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed at any stage before judgment is pronounced if Court comes to a conclusion that amendment is necessary for complete and effectual disposal of the case and that by allowing amendment, no prejudice would be caused to the defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to change description of suit property in a suit for permanent injunction - Can be allowed at any stage before judgment is pronounced - No valuable right accrues to the defendant due to boundary description and there is no admission which is sought to be taken away - Order allowing amendment,..........
