Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Specific admission - Application for amendment - Held, amendment which totally takes back admission earlier made cannot be permitted simply for the reason that it amounts to a vested right having been created in favour of plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- As amended by Amendment Act of 2002 - Production of documents - Belated production - No specific plea by respondents that those documents were misplaced - Respondents have not also pleaded that despite their due diligence, documents could not be traced - Held, respondents failed to furnish proper and sufficient reasons for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief of re-payment of advance consideration received by vendor sought by vendees by way of amendment of plaint before commencement of trial - Held, seeking alternative relief of re-payment of advance consideration..........
Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical mistake - Para 1 of plaint admitted - Word `Not' omitted - However, when Para No.1 of the written statement read with paragraph 20 of the written statement it appears that there was typographic error on account of which the word `Not' could not be incorporated - Para 1 of written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Even after commencement of trial, Court may allow either of the parties to amend or alter their pleadings, if Court comes to the conclusion that despite due diligence, parties could not raise the matter before the commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - No application was preferred by plaintiff for amendment of plaint - Held, order by trial court to amend the plaint was erroneous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - At the stage of consideration of application for amendment of pleadings the merits of amendment need not be gone into as also the issue of limitation - Parties can ask for appropriate issues to be framed in that regard at the hearing of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - Test is as to whether such an amendment is necessary for determination of real questions in controversy or for proper and effective adjudication of the case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - Merely because the application for amendment is allowed does not mean that case of petitioner is accepted in so far as the amendment is concerned - Petitioner is bound to prove its case by leading evidence...........
