Civil Procedure Code, 1908, Section 6, 9, 16, 17, 18, 19, 20, 21) -- Lack of jurisdiction - Effect of - Order passed by a person lacking inherent jurisdiction is nullity - Principle of estoppel, waiver and acquiescence or res-judicata, being procedural in nature will not be applicable in a case were an order has been passed by Tribunal/Court without authority in that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Shall not be allowed after trial has commenced, unless inspite of due diligence, the matter could not be raised before the commencement of trial - Trial is deemed to commence when issues are settled and the case is set down for recording of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings/written statement - No facts pleaded nor any grounds raised in amendment application - No contention in amendment applicaton that despite due diligence the matter could not be raised earlier - Amendment sought at belated stage - Issues framed - Three witnesses examined - Documentary evidence tendered -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Plaint - Amendment - Proviso came into force on 1.7.2002 - Suit filed in the year 1998 - Proviso to Order 6 Rule 17 does not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17(2) -- Amendment of Pleadings - Requirement of indicating the specific words or paragraphs to be added, omitted or substituted in the original pleadings - Non compliance there of - Provisions of O.6 R.17(2) are rule of procedure - Procedural provision are conceived for advancement of cause of justice - Violation of any and every..........
Civil Procedure Code, 1908, Order 6, Rule 17(2) -- Amendment of pleadings ` Requirement of indicating the specific words or paragraphs to be added, omitted or substituted in the original pleadings - Non compliance there of - Amendment allowed by Trial Court - Order challenged on the ground that plaintiff failed to specifically indicate the words or paragraphs to be added,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - To allow or not to allow - Jurisdiction of Court is discretionary in nature which is to be exercised on a judicious evaluation of facts and circumstances in which amendment is sought - If granting of amendment really sub-serves ultimate cause of justice, it has to be allowed - In an election case..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - proviso inserted in 2002 which curtails absolute discretion to allow amendment at any stage - Is prospective in operation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 61 -- Plaint - Amendment - Sought at First Appellate stage - Application dismissed on ground of limitation - Suit for possession by way of redemption of land - Mortgage deed executed in the year 1922 for a period of 25 years - Right to redeem would arise after the expiry of time so fixed - Suit..........
