Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought clarificatory in nature and does not make out a new case or insert any new relief - Question of limitation thus, not arise - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Proposed amendments are in relation to events which have taken place after institution of suit and relate to the same subject matter - If amendments are allowed, defendants get a chance to file additional written statement to controvert and contest such averments and prayer - However,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only for claiming an additional relief on the basis of already existing averments - No new facts are sought to be introduced - Contention of defendant that relief sought by way of amendment is barred by limitation which can be decided at appropriate stage - Amendment application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
