Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate prayer of declaration in the suit - Plaintiff was fully aware of facts of case, however, he filed application for amendment after a delay of four years that too without adducing any sufficient or valid reason for such inordinate delay -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiff is contradictory in nature as compared to original plaint - Plaintiff by way of proposed amendments was making out a case which he should have made out in the first place while filing plaint and now suit was at the stage of taking of evidence - If amendment of plaint is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Amendment barred U.O.2.R.2 CPC as suit filed by plaintiff did not include the whole claim - Rejection of application, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amending written statement are different from ones for amending the plaint - Defendant can take many pleas, which may be inconsistent or alternative pleas...........
