Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement filed pursuant to counter claim - Amendment - Defendants filed written statement and counter claim - Plaintiff in reply filed replication-cum-written statement - Amendment of written statement filed by plaintiff in pursuance of counter claim - Held, amendment can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Title claimed on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession as well - Only additional plea sought to be taken - Amendment allowed - Plaintiff given right to file replication to the amended written statement - Court to frame an additional issue on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Replication - Amendment - Facts already pleaded sought to be further elucidated - No prejudice will be caused to the defendant if the proposed amendment is allowed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, 1, 2, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Amendment - Earlier stated that defendant was in unlawful possession of the suit land whereas by way of amendment plea sought to be taken that defendant was in permissive possession as a licensee - This is not only a new plea but also a contradictory plea - Not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought after two years of institution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Replication - Amendment - Replication is a part of pleadings - no illegality in allowing amendment of replication...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - A party to litigation cannot be allowed to set up absolutely a different case by way of amendment of pleadings - Plaintiffs took up plea that decree obtained by collusion - Amendment of replication to set up plea of fraud - Both pleas contradictory to each other - Amendment not to be allowed...........
Civil Procedure Code, 1908, Section 115 -- Objection that revision should not be allowed as defendant-petitioner did not suffer any injury on account of amendment - Amendment of replication allowed when case fixed for arguments - Plea now sought to be taken contradictory to plea taken by plaintiffs earlier - Cannot be said that defendant-petitioner will not suffer any..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Mistake brought to notice of plaintiff on 20th July, 1982, that Sunder Singh not a vendee and that Minder Singh vendee not impleaded - Replication filed on 20th September, 1982, in which plaintiff insisted that Sunder Singh and Minder..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New pleas raised in replication - Belated filing of application - Application filed after conclusion of evidence by defendant when counsel was preparing arguments and fact of new pleas in replication came to his knowledge - Earlier application for amendment of written statement was declined and..........
