Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
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, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
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 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief originally claimed and relief as sought to be added mutually destructive and contradictory to each other - Held, amendment in pleadings, by way of adding mutually destructive inconsistent/contradictory pleas/relief/claims is not permissible - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
