Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 61 -- Plaint - Amendment - Sought at First Appellate stage - Application dismissed on ground of limitation - Suit for possession by way of redemption of land - Mortgage deed executed in the year 1922 for a period of 25 years - Right to redeem would arise after the expiry of time so fixed - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at second appellate stage - A new plea cannot be allowed to be raised for the first time at the second appellate stage which necessitates do novo trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement -Amendment sought after completion of evidence - No amendment can be allowed qua the facts which were in the knowledge when original written statement was filed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plantiff claiming title on the basis of sale deed executed in 1989 - Amendment sought to raise a plea of adverse possession - Prior to filing of suit possession for period less than 3 years - Plantiff cannot be permitted include the period of pendency of suit to raise plea..........
Punjab State Election Commission Act, 1994, Section 78, Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of election petition - Mandatory to be done strictly in terms of O 6 R 15 - Election petitioner to state specifically as to which statement made in election petition are true to knowledge and which is true to his belief - Factual averments made in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Subsequent events - Ought to be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - While deciding application for amendment of pleadings it is not open to Court to go into the merits of the amendment sought...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to add subsequent events occured after filing of the written statement - Trial Court erred in rejecting the amendment - While allowing or disallowing amendment it is not open to the Court to go to the merits of the amendment...........
