Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Purpose of O.6.R.17 CPC is to allow either party to amendment his pleading in such manner and on such terms as may be just - Power to allow amendment is not only discretionary but is also wide and could be exercised at any stage of the proceedings in the interest of justice - Court should adopt a liberal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - When permissible - Held, amendment of pleadings is generally permissible when those are necessary for determination of real controversy in suit and power to amend suit may be appropriately exercised in interest of justice - But exercise of such power is governed by judicial consideration and should be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - A liberal approach is to be adopted in allowing the amendment of pleadings - Amendment can be allowed at any stage which would include the second appeal also - Real controversy between the parties yet to be adjudicate - Decision of the amendment will not in any manner affect the respective merits of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court should adopt liberal approach - Dominant object to allow amendment in pleadings liberally is to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Unless serious injustice or irreparable loss is likely to be caused to the other side, Court should adopt liberal approach and not a hyper-technical approach particularly in a case where the other side can be compensated with costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Guiding principles - (i) Court may at any stage of the proceedings allow either party to alter or amend pleadings in such a manner and on such terms as may be just, (ii) All amendments shall be made which are necessary for the purpose of determining the real question of controversy between the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Purpose and object - Power to allow amendment is wide and can be exercised at any stage of the proceedings in the interest of justice - Liberal approach is the general rule particularly in cases where the other side can be compensated with costs - Technicalities of law should not be permitted to hamper..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing - Amendment should be allowed in such manner and on such terms as may be just and reasonable - Amendment can be allowed at any stage of the proceedings - While considering the amendment application Court should not adopt a hypertechnical approach - Liberal approach is the general rule..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Power to allow amendment is wide and can be exercised at any stage of the proceedings - Courts while deciding application to amend should not adopt hypertechnical approach - Liberal approach should be the general rule particularly where the other side can be compensated by costs - Technicalities of law..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Approach in the matter of amendment of the pleading should be liberal...........
