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 - Allowed - Additional written statement - Lawyer consciously made an endorsement that he does not want to file any additional written statement - Evidence was led thereafter and witnesses were cross-examined - Some new lawyer was engaged at the time of hearing and he pointed out that a mistake has been..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2003, Section 9 -- Eviction proceedings - Legal necessity - Amendment of plaint at appellate stage - Death of landlord during pendency of appeal - During the pendency of appeal filed by defendant (tenant) original landlord died - Effect of - Held, matter was yet to be finally decided and event..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction - NRI landlord - Amendment sought to be made in application are already contained in original application - It is an attempt by tenant to delay proceedings and part of dilatory tactics adopted to avoid ejectment at earliest - Held, application filed for amendment for adding subsequent events are not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Relief sought to be claimed by way of amendment beyond limitation - Amendment declined...........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Space in written statement for writing rate of rent was left blank - Amendment sought to write rate of rent - Held, amendment of written statement, as sought by defendant-petitioner is allowed, subject to payment of Rs.3,000/- as costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new relief of declaration by..........
Civil Procedure Code, 1908, Order 8, Rule 1, 6A -- Counter-claim - Three modes of setting up counter claim are (a) In the written statement; (b) by way of amendment in the written statement; (c) by way of subsequent pleading U.O.8.R.9 CPC - In the later two cases counter claim cannot be brought on record as of right but shall be governed by the discretion vesting in Court...........
