Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Vague plea of fraud - Parties cannot be allowed to lead evidence on the basis of vague plea of fraud...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleading - Fraud - Illiteracy - Mere allegation that plaintiff is illiterate and such a situation was used to her disadvantage is of no avail to substantiate the plea of fraud...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Can be allowed even after commencement of trial by taking notice the subsequent events and Courts should not traverse on the merits of the amendment sought for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Application for amendment of plaint to incorporate plea that suit property owned by Punjab Wakf Board and is leased to plaintiff - Declined by trial Court on the ground that number of suit property as mentioned in plaint and lease deed is different - At the stage of considering..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Applicability of amended provisions - Amendment of plaint - Declined on the ground that application not maintainable after commence of trial - Suit filed in 1997 - Amended provisions of O6 R17 not applicable to pleadings filed prior to 1.7.2002...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical errors sought to be corrected - Declined without appreciating merits of the application - Amendment sought inconsequential and typographical in nature - Plaintiff permitted to amend the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Should receive a liberal construction and no pedantic approach should be adopted to defeat justice on hair splitting technicalities - It is for the Court to ascertain the substance of the pleading to determine the question...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleading - Amendment - A fact within knowledge of a party when suit was filed or in any case when written statement was filed or could be found with due diligence cannot be allowed after commencement of the trial...........
Civil Procedure Code, 1908, Order 6, Rule 2, 4 -- Pleadings, terminology used therein - Muffosil pleadings should be construed liberally and as a whole - Exact terminology not used in pleadings - Will not mean that ingredients for satisfying the requirements of statute are absent...........
