Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after commencement of trial - Failure to prove that in spite of due diligence the pleading sought to be added in the written statement by way of amendment could not be raised at the time of commencement of trial and once the defendant did not led any evidence even on merits, no purpose..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, partition and permanent injunction - Plaintiff sought amendment seeking additional plea that defendants i.e elder son and daughter-in-law in breach of their confidential and fiduciary relation to deceased, purported to have got alleged gift deed in their favour, which is in English..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction can be allowed to be converted into a suit for specific performance if suit for specific performance is within time to avoid multiplicity of litigation as in case of refusal, petitioner can file a suit for specific performance separately...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Petitioner deposited all the arrears of rent, due within one month in the bank account of the respondent - But due to some bona fide mistake, the word "one month" not mentioned in the written statement - Amendment of written statement sought - Held, petitioner justified in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Sought at the stage when case was fixed for final arguments - Amendment sought was well within knowledge of defendant but he failed to take bona fide steps earlier - Plea of counter claim raised by defendant is barred by limitation - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - While allowing amendment of written statement Court directed that cross examination of plaintiff made by defendants Nos.16 & 17 be not read in evidence since defendants Nos.16 & 17 have been deleted by the Court from the array of parties - Trial Court committed an error - Once the trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65 -- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Reply to amended pleadings - Only that part has to be replied which is ordered to be added either in the plaint or in the written statement - A party is not entitled to introduce a new case or new facts in the paragraphs which are not sought to be amended...........
Hindu Succession Act, 1956, Section 6(1)(2) - - Rights of daughter after amendment - In respect of married daughters, if coparcenary property had not been partitioned among heirs including married daughter, she would be entitled for a share in coparcenary - If property has already been sold, alienated, partitioned or disposed of by testamentary disposition by male Hindu,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Written statement - Amendment - Eviction petition - Ground of bonafide requirement - Subsequent event - During pendency of petition landlord got another shop vacated - Tenant by way of amendment of written statement want to plead this fact - Tenant allowed to..........
