Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Service -- Government Order - Effect of - If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively - Conversely, if a subsequent Government Order is held to be a modification/amendment of earlier Government Order, its application would be prospective as retrospective application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of plaint when introducing a new claim, which would be barred by limitation, cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
