Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Petition filed for divorce under the Divorce Act cannot be permitted to be converted into a petition for divorce under Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction and maintenance - Proposed amendment seeking relief of maintenance - Material facts as to maintenance pleaded in pleadings but there was no specific prayer for maintenance in prayer clause - Claim for maintenance not barred by time - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 2 -- Plaint - Amendment - Proposed amendment seeking permission to sue as indigent person - Determination of indigent status material and relevant for determination of real controversy between parties - Suit at initial stage - No prejudice to be cause in case amendment is allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Subsequent event - Eviction petition - One room has become available to the landlord and that necessity of landlord can be fulfilled by that room - Subsequent event cannot be denied to be brought on record - Held, whether or not the room has become available to the landlord and if available..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To raise the plea of jurisdiction - It is a question of law - There is no need for amendment of the written statement to raise the plea of jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Facts sought to be introduced by way of amendment necessary for proper adjudication of controversy between the parties - After amendment defendant has a right to file written statement having liberty to raise all pleases as may be available to him - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint by legal heirs/representative - By way of amendment plea raised that property in the hands of `A' was ancestral qua his grandsons as the same was inherited by `A' from his father - Amendment sought in Regular Second Appeal - Original plaintiff had knowledge of this facts - Had not taken up the plea -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Seeking relief of mandatory injunction - Subsequent events - Drain demolished inspite of ad interim injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought only clarificatory in nature - Proposed amendment not requiring any evidence nor any fresh issues required to be framed - Amendment necessary for deciding the real questions in controversy between the parties - Amendment allowed...........
