Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought for taking objections that suit is bad for non-joinder of necessary parties - Facts in question were always in light and were never in shade - Objections taken by defendants five years after remaining successful before trial Court were frivolous and rightly disallowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment is an alternative approach to the existing facts, same cannot be disallowed merely because it was claimed after delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary to completely adjudicate the dispute between parties - It will not cause any prejudice to other side, which cannot be compensated in terms of money - Amendment allowed subject to payment of costs of Rs.5000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the belated stage - If amendment is necessary for deciding the real controversy between parties and for arriving at a just conclusion, such amendment can be allowed even at a later stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of evidence of plaintiffs - Amendment sought would not cause prejudice to other said - Proposed amendment is necessary for the purpose of determination of real controversy between parties - Moreover, if amendment is not allowed it will lead to unnecessary multiplicity of litigation -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Typographical error - Admission in written statement cannot be withdrawn on the ground of typographical error...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Cannot be allowed to be added through amendment in written statement - It should be independent of the pleading of amendment application...........
