Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Not to be allowed after trial has commenced, unless Court comes to conclusion that in spite of due diligence, party could not have raised the matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Any right accrued to the opposite party cannot be taken away on account of delay in filing the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prejudice to be caused to the opposite party is one of the important factors to be seen at the time of consideration of any application for amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
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 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..........
