Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Merely because an application is filed after commencement of trial cannot be sole ground for dismissal of application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment is not permissible if basic structure of plaint is changed or amendment itself is not bona fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has power to allow amendments in connection with claims which had become time barred, if special circumstances exist and it is in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere fact that amendment is filed after commencement of trial, cannot be a ground to reject application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Omission of mandatory requirement running in three to four sentences cannot be a typographical error...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments are not to be allowed merely because they are clarificatory in nature or removing any ambiguity after trial has commenced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent and contradictory allegations in negation to admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment of pleadings...........
