Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A defendant who has not filed written statement but has adopted written statement filed by another defendant has no right to seek amendment of written statement not filed by him...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An individual plaintiff or an individual defendant cannot seek to amend plaint or written statement filed jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - By way of amendment Memorandum of Partition (Panchnama) is being sought to be challenged - Said Panchnama has become time barred considering knowledge of plaintiff - Written statement has been filed in the year 2009 and thereafter, for more than 12 years petitioner did not take any steps..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought does not alter the nature of suit - Issues in main suit are yet to be framed and suit was at the stage of filing written statement - Allowing amendment even before filing of written statement would not have any adverse effect on defence set up by defendants - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
