Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement filed pursuant to counter claim - Amendment - Defendants filed written statement and counter claim - Plaintiff in reply filed replication-cum-written statement - Amendment of written statement filed by plaintiff in pursuance of counter claim - Held, amendment can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Even inconsistent pleas can be taken in a written statement and a party can even be permitted to wriggle out from admission by explaining the admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Important aspects of case which are necessary for just and proper adjudication of the case - Amendment cannot be rejected on the ground of negligence or lapse on the part of the party to plead the same at appropriate time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bringing subsequent development on record and making related prayers - Neither any inconsistency nor any withdrawal of admission - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Merits of amendment not to be looked into while considering the application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Written statement - Amendment sought at appellate stage - Eviction petition - Eviction on ground of personal necessity - Landlord constructed nine additional shops - Rejection of amendment application - Order upheld - However, appellant can apply for adducing additional evidence...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Plea of ownership - It is sufficient for the plaintiff to allege in plaint that he is the owner and it is not necessary for plaintiff to state in plaint that he is owner on the basis of sale deed - Certified copy of sale deed filed is admissible for that purpose - Plaintiff cannot be non suited for non compliance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Bona fide necessity - Amendment of written statement sought that personal necessity has ceased to exist as respondent has shifted with his family to another place and that possession of another shop is delivered so vacated by another tenant - Amount sought a subsequent event..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Plea of fraud sought to be elaborated which was already taken - No new case introduced - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought to elaborate the factum of fraud - Cannot be said to be inconsistent or contrary to the stand earlier taken - Amendment allowed...........
