Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1955, Section 25B,15 -- Eviction petition - Delhi Rent Control Rules 1959, R. 23 - Leave to defend - Amendment - Amendments sought were of facts which were already known to petitioner - Facts were all pre-existing i.e. existing at the time when application for leave to defend was filed - Held, if such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been made by defendant during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage of final decision - Amendment sought to show the correct area of the disputed plot - Plaintiff had complete knowledge of the property in question - Motive only to delay the proceedings - Order dismissing application, upheld...........
Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, Rule 6, Delhi Development Act, 1957, Section 22, 56 -- Acquisition, development and disposal of land - Administrative scheme - Amendment of - Held, R.6(1) of the Nazul Land Rules is not really a rule which incorporates the 1961 Scheme, but it only provides that if the Authority decides to allot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought connected with the dispute and relevant in deciding the matter - No prejudice will be caused to plaintiff in case proposed amendment is allowed as he will be entitled to lead evidence in rebuttal in accordance with law - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint to introduce a plea that fourth accused was incharge and responsible to the company for conduct of its business - Amendment if allowed, will result in substantial change in nature and character of the case causing serious prejudice to the fourth accused - Petition for amendment..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Written statement - Amendment - Held, only that amendment can be allowed, as may be necessary, for the purpose of determining the real issue between the parties, as envisaged under the amended provisions of O.6.R.17 of CPC and not otherwise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application filed after commencement of trial/framing of issues - No cogent explanation is forth coming on record, as to why application for amendment of written statement was not filed before commencement of trial - Held, proviso to O.6.R.17 of CPC points that no application for amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Permissibility - Plaintiff sought inclusion of properties of her father-i, law by way of amendment of pleadings in partition suit - Husband of plaintiff was not added as party defendant to partition suit - Held, such amendment not permissible - It was open for plaintiff to file a separate suit for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Accident claim petition - Change of date of accident - Mistake not deliberate and it was due to typographical error - Application cannot be rejected solely on the ground that evidence has been led - Amendment allowed...........
