Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question...........
Succession Act, 1925, Section 299, 278, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Rejection of application U.O.6.R.17 CPC - Proceedings u/s 278 of Succession Act - Appeal u/s 299 of Succession Act will lie only against those orders that are appealable as per O.43.R.1 CPC - Since rejection of amendment application U.O.6.R.17 CPC does not find place U.O.43.R.1..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief which is totally beyond the pleadings cannot be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Bonafide amendment can be allowed, at any stage of the suit - Amendments which are necessary for determination of real question in controversy can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court while considering application for amendment of written statement not obligated to go into correctness and falsity of the case of parties...........
