Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs sought to change genealogy of joint family of their ancestors on the ground that they were not aware of same at the time of filing of suit - Said contention of plaintiffs is not believable and they must be vigilant to describe correct genealogy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If amendment sought affects rights of defendants, it cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice or prejudice to the other side...........
