East Punjab Urban Rent Restriction Act, 1949, Section 13, 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Landlord has sought ejectment of tenant on ground of personal necessity of demised premises - Tenant by way of amendment wants to raise several preliminary objections which were available to him even at the time of filing of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Ejectment petition is stated to have been filed in August, 2008 on the ground of personal necessity - Amendment application was moved in November, 2011 i.e. after three years three months - Held, amendment application filed to delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - Suit for declaration with consequential relief of injunction - Defendants have filed cross-objections - Plaintiffs have also filed cross-objections - Matter was thereafter listed four times for arguments - Amendment application has been filed at a very belated stage - Plaintiff has not..........
Civil Procedure Code, 1908, Section 115A - - Applicability - Eviction suit - Order for payment of arrears of rent - Revision against - Revisional application was pending before Additional District Judge when the said amendment came into force - Held, since the District Court u/s 115-A of CPC exercises the same revisional power as High Court, restriction upon such power by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Scope - Claim of property in the capacity as son - Amendment sought to claim the property as adopted son - Amendment sought after framing of issues - Amendment sought appears to be absolutely necessary for determining the status and rights of the plaintiff in the capacity as adopted son for claiming right of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - After commencement of trial - Provision of O.6.R.17 CPC prohibits amendment of pleadings after trial has commenced - However, at the same time it permits all such amendment as may be necessary for the purpose of determining the real question in controversy between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Increase in amount of compensation manifold - If the amendment relates to relief of compensation in lieu of or in addition to specific performance where the plaintiff has not abandoned his prayer for specific performance, Court will allow amendment at any stage of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment resiling back from an admission - Impermissible - Rejection of application - Order upheld...........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Referring matter to arbitrator - Validity - Suit filed by petitioners/plaintiffs for declaring election of President and other office bearers of Club as illegal and against its Memorandum of Association and that amendments made in Memorandum and Articles of Association of Club are no, est, having been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Addition of new prayer on the basis of pleadings already present in plaint - On basis of pleadings which are already available in plaint, a new prayer has been sought to be allowed and that relief is not apparently barred by law of limitation - Moreover, unless said relief is incorporated,..........
