Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought for introducing entirely different case by alleging that plaintiff is in possession of suit property though in original plaint, said fact was not pleaded - By way of amendment, plaintiff seeks to withdraw admission already made - Plaintiff cannot be permitted to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Law of amendment in respect of written statement is very liberal and defendant can withdraw his admission and take inconsistent plea but such a course of action is available to defendant only after he is able to show that the admission made by him at the time of filing of the written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - To correct share to 2/3rd instead of 1/4th - Rejected on the ground that fact was in knowledge of petitioner that what was his share - Motive was just to enhance share in property - Amendment not explanatory in nature - Held, no amendment can be allowed if parties withdraw admission..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Co-defendant seeking amendment of written statement after 13 years of filing of the written statement on the ground that written statement was not drafted properly at the instance of other defendant - It is not possible that defendant did not know the contents of the written statement for 13..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to (i) withdraw the admission & (ii) take destructive pleas - Application dismissed - Defendant in revision - Held - A liberal view be taken with regard to the amendments. An admission made by the party may be withdrawn or may be explained away. The defendant is even entitled..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Law to amendment of pleadings is quite liberal - Amendment of pleadings can be refused only when the effect of amendment is to withdraw some admission made earlier and to take a complete somersault on the case pleaded earlier or when some right has become accrued to the other party because of lapse of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that prior agreement stood cancelled, revoked and superseded by subsequent agreement - Amendment cannot be allowed as defendant cannot be permitted thereby to withdraw earlier admission of due execution of prior agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment necessary to determine question in controversy - Should be allowed - Duty of Court to determine rights of parties and not to punish them for mistakes, if any - Amendment should be allowed: (1) if it is not mala fide, (2) does not cause injustice to other party, (3) does not withdraw admission made, (4) does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement seeking to withdraw admission - Admission, if explained or shown to be erroneous - Can be withdrawn - If inadvertently incorrect fact mentioned in pleadings - Interest of justice require that amendment should be allowed - Admission made erroneously can be explained away or withdrawn by amendment..........
