Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - To introduce counter claim - Counter claim exceeding pecuniary limit of Court - Counter claim, rightly held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Amendment sought by tenant on the ground that landlord along with his wife who had died 4-5 years back was owner of property as per sale deed and tenant had been paying rent in name of wife..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4 -- Amendment of written statement - L.R's of deceased defendant cannot amend written statement and raise a plea which his predecessor failed to raise till trial commenced, unless it is shown that in spite of due diligence deceased defendant or his L.R's could not bring on record the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Inadvertent typographical mistake - At different places in the written statement word `incorrect' is mentioned and only at one place word `correct' is mentioned, which appears to be inadvertent - Amendment, rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit based on mortgage documents - Amendment sought at the stage when matter is posted for arguments - Due diligence on the part of defendants not proved - Defendants put the blame on their advocate for delayed amendment - Though no prejudice would be caused to plaintiff by allowing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After filing of written statement it came to the knowledge of plaintiff about execution of gift deed of some part of the property for which plaintiff sought amendment of plaint that execution of gift of part of the property was without legal authority in view of family settlement - Amendment necessary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........
