Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for amendment was filed after some of witnesses on behalf of plaintiff had been examined - Plaintiffs have miserably failed to satisfy Court as to why they were unable to seek proposed amendments before commencement of trial - Said facts were already in knowledge of plaintiffs at the time of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition by wife - Wife has to traverse distance of 55 kms from Mansa to Sangrur to attend hearings - Husband appears to be desperado and it would be a grave threat to wife if she attends hearing at Sangrur especially when she has a small minor child to look after - It is evident that it is a case of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of reply to the petition - Subsequent events - Eviction sought from a shop on ground of reasonable and bonafide necessity - Acquiring of residential premises during pendency of eviction petition - In view of nature of acquired property, application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate prayer of declaration in the suit - Plaintiff was fully aware of facts of case, however, he filed application for amendment after a delay of four years that too without adducing any sufficient or valid reason for such inordinate delay -..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Parties to prove as to who is in possession of suit property - Possession of parties cannot be decided by Advocate Commissioner, even though defendant has given no objection for an appointment of Advocate Commissioner to note down physical features of suit property - Nature..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Addition of two prayers in the relief clause - Pleadings in this regard already incorporated - Change in prayer clause not barred by O.6.R.17 Proviso CPC - It does not amount to change of nature of suit - Amendment rightly allowed...........
