Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Where right has accrued to the defendant by lapse of time it cannot be taken away by granting amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount along with interest and ready..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal - Admission made by mistake - Admission made cannot be allowed to be withdrawn particularly when it takes the vested right of the other party - However, if an admission is shown to be erroneous, it can be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to set up counter claim of specific performance of agreement to sell in a suit for permanent injunction restraining defendant from raising construction over property in question - Not correct that plea of counter claim should have been taken up..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement seeking to withdraw admission - Admission, if explained or shown to be erroneous - Can be withdrawn - If inadvertently incorrect fact mentioned in pleadings - Interest of justice require that amendment should be allowed - Admission made erroneously can be explained away or withdrawn by amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration challenging Will - Defendant in written statement claiming property on the basis of Will - Written statement mentions another person to be owner of property - Ex facie appears to be wrong - Amendment seeking to withdraw admission by mistake in written statement -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed incorporating status of Deity which it had at the time of institution - Fact that on a subsequent occasion a society registered and its chairman appointed and has been rendering its services to the Deity - Has no effect on controversy in the suit - Amendment of plaint whereby change sought to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in a suit for possession and declaration - By amendment taking plea to have been put in possession of suit property in part performance of agreement of sale and sale - deed in favour of plaintiff illegal, null and void - Right of agreement - holder became extinguished because of omission to file..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit assailing sale deed - Amendment sought to put correct description of property and to assail another sale deed claiming limitation from date of knowledge of said second sale deed - Amendment allowed as necessary for determining real question in controversy...........
