Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence beyond pleadings is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering an application for amendment, it is only the proposed pleading which is to be taken into consideration - Merits of proposed amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed pleadings shows that they are based upon subsequent events and appear to be just and necessary for fair and complete adjudication of all disputes raised between parties and deserves to be allowed - Said proposed pleading is not required to be proved by evidence at this stage which..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Not to be allowed after trial has commenced, unless Court comes to conclusion that in spite of due diligence, party could not have raised the matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Any right accrued to the opposite party cannot be taken away on account of delay in filing the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prejudice to be caused to the opposite party is one of the important factors to be seen at the time of consideration of any application for amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
