Civil Procedure Code, 1908, Order 6, Rule 5 -- This provision is incorporated in the Code to indicate that no suit shall be dismissed merely on the ground that more particulars are not stated in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Object - The object of the Rule is two-fold - First is to afford the other side intimation regarding the particular facts of his case so that they may be met by the other side, second is to enable the court to determine what is really the issue between the parties - Brevity should be adhered to while drafting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance of agreement to sell - During pendency of suit defendant suffered a decree in favour of `Ramesh Kumar & Ors.' - Amendment of plaint sought contending that the decree suffered by the defendant is not binding on him and also that the decree is hit by lis pendens and seeking to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - No limitation has been provided for the amendment of the plaint - Pleadings can be amended at any time during the pendency of the suit unless the claim is barred by time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No limitation provided - Amendment application 7 years after written statement filed - Cannot be a ground for dismissing application for amendment - In order to avoid multiplicity of pleadings - Just and proper to allow amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Can be done at any time during pendency of suit unless claim barred by time...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6, 6A -- Amendment of written statement by making a claim against plaintiff after 8 years of filing of suit - Claim for recovery of any amount barred by time irrespective of the fact whether claim is in the nature of set-off or counter-claim - Amendment of written statement cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Defendant's claim if barred under Law of Limitation - Cannot be pleaded by way of set - off under Order 8 Rule 6 - When at the time the application for amendment of written statement is made the claim of the defendant is barred by time - Court cannot permit defendant to claim a..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Claim of defendant made in 1998 for amounts due from plaintiff of 1988 - 89 - Barred by time when application for amendment of written statement made - Amount not legally recoverable - Cannot be pleaded as counter - claim...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint simply because impleadment as defendant allowed - Not correct - Impleading a party in the heading of plaint - A ministerial act - No amendment of plaint necessary - Only added defendant has right to file written statement...........
