Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Categorical admission made in pleadings cannot be permitted to be withdrawn by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend - May be refused if it introduces a totally different, new and inconsistent case or changes fundamental character of the case...........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Proviso - Proviso to O.7.R.17 CPC prevents application for amendment of pleadings from being allowed after trial has commenced unless Court come to conclusion that in spite of due diligence party could not have raised matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere no, resulting of prejudice cannot form a ground for allowing amendment as and when sought for - Petitioners have to a lay foundation for allowing such an amendment...........
