Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Held, in order to avoid multiplicity of litigation, it is always better to allow amendment of pleadings so long as such amendment does not alter nature or character of suit or introduce any new cause of action between parties - Even if such amendment is sought to be introduced at a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Imposition of cost - Court below found that amendment sought to be introduced does not alter nature and character of suit - Amendment application filed belatedly - Court below considered all facts and circumstances and allowed application subject to payment of cost of Rs.2,500/- - Held, while allowing..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2 -- Plaint - Amendment - Reincorporation of relief which was earlier got deleted by amendment of plaint - There is no absolute prohibition - Plaintiff could be saddled with heavy costs - Amendment allowed subject to payment of Rs.25,000/-..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2005, Section 42(2) -- Contraband - Secret information - Compliance of S.42(2) of the Act is not required when secret information is received from the immediate superior officer of the person conducting search - However, compliance is required when secret information is received from a Superior Officer but not..........
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2005, Section 15, 29 -- Contraband - Seal after use not handed over to alleged eye witness - Independent witness given up on the ground of his joining hands with accused - Assertion that independent witness was joined, appear to be only a formality, which does not satisfy the mandate of law in this regard -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Amendment of pleadings at appellate stage - Consequent evidence thereto - Consequent evidence to the amended pleadings at appellate stage is different than the one in the trial Court - Consequent evidence to amended pleadings at appellate stage is not as a matter of course - When..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court should not go into merits of the amendment sought - However, this does not mean that if amendment sought is untenable on the face of it and is nothing but an abuse of the process of the Court and is sought with the intention of delaying proceedings causing injustice to the other side, the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow all amendments that would be necessary for determining real question in controversy between parties - When party fails to include certain facts in original pleadings and subsequently files application for including those facts, application cannot be rejected solely on ground that..........
