Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - All amendments ought to be allowed which satisfy the two conditions : (a) of not working injustice to the other side, and (b) of being necessary for the purpose of determining the real questions in controversy between the parties - Amendments should be refused only where the other party cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - All amendments ought to be allowed which do not cause injustice to the other side and are necessary for determining the real questions in controversy between the parties - Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment cannot be allowed to change the nature and character of suit from being a suit for specific performance of an agreement to one of declaration of title and possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Averment in plaint that plaintiffs are scheduled tribes - Amendment sought to add that they are Hindus following Hindu religion and governed by Hindu Law - Plaintiffs not pleaded earlier that they are governed by customary law - No further evidence sought to be adduced - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was fixed for final arguments - Partition agreement sought to be introduced by way of amendment was in existence at the time of filing written statement - Long delay - Amendment can be allowed even in case of long delay if acceptable material is placed before the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of pleadings is permitted at any stage of the proceeding - O.6.R.18 Proviso CPC lays down certain restrictions - It lays down that after commencement of trial no application for amendment should be allowed - However if it is established that inspite of `due diligence' the party could not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Delay and laches on the part of the parties to the proceedings is also a relevant factor for allowing or disallowing an application for amendment of the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Due diligence - Meaning - Means reasonable diligence - It means such diligence as a prudent man would exercise in the conduct of his own affairs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - To be allowed liberally despite amendment of CPC in 1976 as amendment of pleadings is procedural in nature - However while exercising discretion the same has to be done judiciously...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Admission - Withdrawal of - A categorical admission cannot be resiled - However, in a given case, it may be explained or clarified - Offering explanation in regard to an admission or explaining away the same depends upon the nature and character thereof It may be that a defendant is entitled to take an..........
