Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Purposed amendment to seek relief of possession - Relief of possession is consequential to the relief of specific performance - As the suit is for specific performance, Article 137 Limitation Act has no application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial has been pending for last so many years - It is still at the stage of plaintiffs' evidence - Held, amendment in plaint would be barred in view of proviso to O.6.R.17 CPC - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff sought minor correction in name of defendant - Not a case where serious discrepancy existed as to description of person - Notice directly reached defendant and he did not raise any objection stating that he is not addressee - He did not object for other particulars such as father's name,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Amendment - By way of amendment, petitioner/tenant took completely new stand and has tried to resile from his earlier admission made in his original written statement - Record showed that respondent/landlord already concluded his entire evidence and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admissions - Held, an admission can be withdrawn only in exceptional circumstances and same can be allowed when certain explanation is required so as to substantiate plea...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Two minor defendants sued as majors - Amendment sought to correct their age and to sue them through their mother - Only an error in the description was sought to be corrected - Amendment allowed - Since by now both the defendants must have become major, accordingly, in the amendment only their ages as on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment not relevant for the purpose of defence of defendant - Order allowing amendment by observing that said amendment does not change nature of suit - Order allowing amendment set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Landlord had chosen not to file application for amendment setting out his own need - Whether such change of personal need could be brought through evidence without amendment of pleadings? - Held, no, if landlord had chosen not to file application for amendment setting out his own need..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - Dispossession during pendency of suit - Proposed amendment seeking relief of possession - If such amendment is not allowed, plaintiff has to file another suit which will increase multiplicity of litigation - By allowing such amendment, nature of suit will not change -..........
Land Acquisition Act, 1894, Section 11A -- Acquisition of land - Award - Validity - Declaration u/s.6 of the Act published on 5.1.1983 i.e. before commencement of Amendment Act of 1984 - Award announced on 24.6.1986 - Held, proviso to S.11A of the Act applied and award was required to be made within two years from such commencement - Limitation for validly passing award..........
