Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 30, Rule 4, Contract Act, 1872, Section 45 -- Plaint - Amendment - Partnership firm - Death of one out of two partners - Amendment of plaint sought to alter its cause title to bring about changes that plaintiff is a proprietary concern - Held, the remaining partner of the firm even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case was listed for recording statement of defendant - Amendment sought with regard to property in dispute whereas in the plaint boundaries given are with regard to entire property relating to Khata No.440 - Elaboration of property - Amendment allowed by trial Court - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought of relief clause which is clarificatory only and the same not changing nature of suit - It is a case where relief was not artistically drafted - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when suit was pending for final hearing - Suit for specific performance - Amendment sought to raise the plea that suit is barred by Ss.20 & 34 of Specific Relief Act - Defendant made statement that he will not lead any evidence on the amendment sought - Amendment sought..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment does not fundamentally change nature of suit - Amendment sought appears to be bona fide and permitting amendment would certainly curtail multiplicity of litigation - Amendment sought is necessary for proper adjudication of controversy between parties - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - An amendment ought to have been allowed if it does not change the nature of the suit nor intends to add a claim which is barred by limitation nor takes away claim of other party nor amounts to a fresh cause of action nor otherwise prejudice the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38 -- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Amendment of pleadings - In a suit for partition, in the event plaintiff has included only certain properties as if they are available for partition and leave some other properties which are also available for partition, request of defendant in such event to include left out properties also in plaint schedule..........
