Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Relief of specific performance added by way of amendment of plaint - Suit for specific performance is deemed to be filed on the day amendment is allowed and not on the date of filing of original plaint - Suit barred by limitation - Plaint rejected - Lower appellate Court remanded..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - A perusal of amendment application would show that it is directly connected with the issue raised by plaintiffs in original suit and in fact it intend to add certain paragraphs and grounds which are discernible from the facts stated in the amendment application, which if proved, may entitle..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Section 17 -- Rejection of plaint - Respective plaintiffs had knowledge with respect to the transaction in the year 1999 and even in the year 2004, when RTS Appeals were preferred challenging the Mutation Entries in favour of defendants and even with respect to the alleged forgery in the year 2004 when..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of plaint - Absence of - Is a defect, but curable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Scope - Judicial discretion - Court has discretion to permit amendments even when there is substantial delay in seeking amendment - All amendments ought to be allowed which satisfy two conditions viz. (a) not working injustice to other side; (b) being necessary for determining real question in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When to be refused - Where other party cannot be placed in same position as if pleading had been originally correct but amendment would cause him injury which could not be compensated in costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Party strictly not entitled to rely on statute of limitation when amendment amounts to no more than different or additional approach to same facts already mentioned in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of limitation - Question of limitation in circumstances of case is arguable issue - Court should consider plea of limitation as disputed issue and be decided as separate preliminary issue - It is appropriate for Court to allow such amendment with effect from date of filing of such amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Necessary averments already made in plaint - Merely relief of redemption of mortgage deed omitted in relief claimed - Sought by way of amendment - Amendment sought neither changes nature of suit nor introduce new claim on new basis constituted by new facts - Held, such amendment is no more than..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment will change the nature of suit - Amendment cannot be declined on this ground when amendment of plaint is sought on the basis of subsequent event - Moreso, when amendment is essential for effective and complete adjudication of lis...........
