Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Time barred relief - It is a mixed question of law and fact and same can be decided during course of trial after framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Relief of restoration of possession - Dispossession during pendency of suit - Amendment is based upon subsequent event - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment of correction of paragraph numbers - Amendment is corrective and formal in nature - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Relief of restoration of possession - Amendment sought to pay Ad Valorem Court fee - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment if allowed will change the nature of suit as suit for declaration of title will change into a mortgage suit and that too after full fledged trial - Amendment declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Court while deciding application did not dealt with the fact as to whether amendment sought is necessary or not for just disposal of suit - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
