Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading and proof - Variance - When evidence is not in line with the pleadings and is at variance with it an adverse inference has to be drawn and the evidence cannot be looked into or relied upon...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 7 -- Application for amendment of plaint to incorporate relief of damages for breach of contract also - Suit for specific performance - Contract for supply of goods - Defendant had purchased goods making payment but placed no order subsequently as contract had expired - Amendment application..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 7 -- Amendment of pleadings - Goods supply contract - Specific performance - Subsequent expiry of contract - Defendant had purchased goods making payment but placed no order subsequently as contract had expired - Amendment application claiming relief of damages instead of specific performance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Admission - Withdrawal of - Admission made by a party cannot be allowed to be withdrawn until party satisfies that the admission made by it was erroneous and negates factual position...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff a rustic and illiterate villager - Mistake in understanding fact stated by plaintiff not ruled out - Averment in plaint sufficiently explained to be erroneous - Held, order denying amendment is wholly illegal and causes manifest injustice to plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Challenge to adoption - Fact of adoption came to knowledge on filing of written statement - Written statement was filed on 5.9.2001 and amendment of plaint sought on 6.4.2002 - Question of limitation to challenge the adoption can only be decided at the trial as in case plaintiff is able to prove the date..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Non residential accommodation - Amendment sought to be made as to comparative hardship - Said pleas are implicit in proviso to S.21(1) of U.P. Act itself - Tenant has to explain it by leading proper evidence - Amendment in written statement - Cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Once made cannot be permitted to be withdrawn or diluted by subsequent amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - No amendment of pleadings is to be permitted after the commencement of the trial unless cogent reasons are shown by such a party that the matter sought to be incorporated by amendment was not within his knowledge or could not be ascertained with due diligence...........
