Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Party can take inconsistent plea in amendment of written statement - Even amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that proposed amendment is a bona fide amendment and would enable the Court in pronouncing judgment in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement is to be more liberally construed than amendment in plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Words `being joint Hindu Family Property' were inadvertently left in written statement - Said words were sought to be incorporated by way of amendment of written statement - Amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment sought to incorporate certain facts, which ought to be pleaded in written statement, have not been pleaded - However, facts sought to be added in pleadings are not such which were not known to defendant earlier - Amendment sought to be made by defendant is aimed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation sought by way of amendment - Amendment application rejected by Court below only on ground that question of limitation is purely a legal plea and Court is duty bound to consider the same even otherwise - Further, Court below observed that only material facts has to be pleaded..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the event amendment is allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Court can allow amendment at this stage only if defendants are able to show that despite due diligence, amendment could not be sought before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Application cannot be dismissed merely on the ground of delay in seeking amendment - However, the ends of justice are to be seen not with reference to only one party, but, keeping view interest of all parties going to be affected...........
