Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of the amendment made in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment for demolition of room constructed in defiance of stay order - Such amendment does not change the nature of suit - However, the fact as to whether room was constructed before institution of suit or after passing of stay order can only be decided after parties lead evidence - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Suit for declaration and injunction of certain agricultural land has been filed by plaintiffs on averment that they are in possession of disputed property - In written statement it has been specifically pleaded by defendants that plaintiffs are not in possession of suit property -..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - If a person sues on his own behalf initially and later the suit is converted into a representative suit (by amendment of plaint), there is no addition of parties involved - There is nothing which prevents a Court from permitting persons from suing in their individual capacity, to sue as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When plaint is returned raising certain objections or returned for presentation to proper court before it is registered - Making certain amendments therein does not amount to tempering of plaint and does not require leave of court or any application for amendment of plaint...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of vendees - It came to notice of petitioner/plaintiff from written statement that land has already been sold - Immediately thereafter, petitioner moved an application for amendment of plaint and impleadment of vendees - Held, application for..........
Civil Procedure Code, 1908, Section 91, 151, Order 7, Rule 11 -- Rejection of plaint - Wrongful act affecting public by allotment of a plot to defendant - Plaintiff not claiming redressal of any injury or infringement of any of his personal legal right - Leave of Court for redressal of alleged public wrong as mandated by S.91 CPC not sought - Leave of Court also not sought..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment to amend valuation of plaint and also to bring on record a subsequent event - Amendment allowed to give quietus to the litigation and to avoid further multiplicity of litigation...........
