Limitation Act, 1963, Section 3, Article 58, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for perpetual injunction - Amendment of plaint allowed seeking relief of declaration - Where relief sought is not new but is based on facts and allegations already stated, question of applying limitation does not arise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment seeking an ancillary or a consequential relief i.e. in the event of the decree for possession is passed, the same may be passed with a direction to remove the construction/malba raised in the property in dispute - If the plaintiff is granted a decree for possession and injunction then..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Events sought to be introduced by way of amendment subsequent to institution of suit and relief of mandatory injunction a consequence of violation of interlocutory temporary injunction in a suit praying decree for permanent injunction - Objection that amendment barred by time - At this stage very..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought in second appeal - Averments regarding raising wall over the land by defendant and relief for mandatory injunction sought to be included in the plaint - Amendment making no change in the nature of suit - Amendment is allowed giving opportunity of evidence and hearing to both the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events to institution of suit so far as they are in consonance with original cause of action - Should be permitted to be brought on record - Suit for declaration and permanent injunction claiming to be owner in possession and restraining defendants from interfering in peaceful possession -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount along with interest and ready..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to set up counter claim of specific performance of agreement to sell in a suit for permanent injunction restraining defendant from raising construction over property in question - Not correct that plea of counter claim should have been taken up..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for declaration to be owner in possession and injunction restraining defendant from dispossessing or interfering in possession and by amendment challenge to sale - deed in favour of defendant - Dismissal of earlier suit in default under Order 9 Rule 8 - New cause of action will not be made out merely because a new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction restraining the defendant from dispossessing the plaintiff and interfering with his peaceful possession as tenant over the shop which was on lease - - Defendants removed the articles from the shop and also removed the gate and fixed some brick in the shop on 30.1.1994 when..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction restraining defendant from dispossessing plaintiff and interfering with his peaceful possession - Amendment seeking possession and mandatory injunction - Application for amendment filed immediately after filing of plaint - Cause of action will not change, no limitation..........
