Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - Only clerical error in mentioning khasra number of land is sought to be corrected - Said error occurred because plaintiff/petitioner is very old and his counsel through whom suit was instituted was also allegedly suffering from some ailment and has since died - Held, in view of..........
Punjab State Election Commission Act, 1994, Section 32(3) -- Amendment in electoral roll - Held, there cannot be any amendment by way of transposition or deletion in electoral roll of a constituency after the date of making nominations is over...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Infringement of trade mark - Suit for injunction - Trade mark registered during pendency of suit - Sought to be incorporated in plaint by way of amendment - Fresh suit based on infringement will not be barred - There is no justification for refusing amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 9 -- Written statement - Amendment of written statement and additional written statement - Discretion of Court to allow subsequent pleadings U.O.8.R.9 CPC is wider than then discretion given to it by O.6.R.17 CPC - While in both events, parties to necessarily show diligence -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 9 -- Written statement - Suit for partition - Amendment of written statement - Proposed amendment is nothing but a further clarification about partition, pleaded in the original written statement and that items of suit schedule property relating to each of the defendants are..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Plaint - Amendment - Suit for specific performance - Amendment to add the relief for compensation in the alternative - Plaintiff already claimed compensation in lieu of specific performance - Dismissal of application - Upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- and - Ex parte decree - Restoration application - Amendment therein - Amendment sought for and allowed by two Courts below is being challenged by petitioner on ground that it changes nature of case - Amendment sought to add that due to lawyer's mistake it could not be mentioned..........
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 -- Amendment of plaint - Subsequent event - Plaintiff filed suit seeking declaration that he is owner in possession of suit land - Receiver appointed u/s.145 Cr.P.C. during pendency of suit and he has consequently taken possession of suit land - By way of amendment of plaint plaintiff sought relief of possession of suit land..........
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..........
