Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Scope - What is prohibited by way of amendment is only to alter cause of action in suit or to introduce entirely new or inconsistent cause of action which would virtually amount to substitution of new plaint or new cause of action in place of original plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Prayer sought to be added so as to take care of the event subsequent to filing of suit and relevant to the access claimed by petitioners - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought relating to matter of evidence - Proposed amendment cannot be permitted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Civil Procedure Code, 1908, O.6, R.17 - Ejectment - Bona fide requirement - Amendment in petition - Petition for eviction among other grounds was for personal necessity of landlord and wife intending to start a professional coaching centre at demised property - Death of landlord during pendency of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Cannot be allowed when amendment sought is belated one and is an after thought for the obvious purpose to avert the inevitable consequence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Defendant in possession - Suit for mere declaration without seeking consequential relief of possession is not maintainable - However, there is no prohibition upon a party from seeking an amendment in the plaint to include the unsought relief, provided that it is saved by limitation - However, it is obligatory..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought to oppose the suit instead of conceding the same - Amendment sought after one year of filing of written statement - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Law of amendment in respect of written statement is very liberal and defendant can withdraw his admission and take inconsistent plea but such a course of action is available to defendant only after he is able to show that the admission made by him at the time of filing of the written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought in the prayer clause that defendant be directed to execute the sale deed - Amendment allowed...........
