Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Change of plot number on account of finalisation of Town Planning Scheme - Delay - Structure of suit will not change - Delay does not go to the root of the matter - Order allowing amendment - Petition against - Dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - If amendment does not change the nature of suit and does not affect the rights of the parties, it can be allowed at any point of time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Purpose and object - Power to allow amendment is wide and can be exercised at any stage of the proceedings in the interest of justice - Liberal approach is the general rule particularly in cases where the other side can be compensated with costs - Technicalities of law should not be permitted to hamper..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Plea of fraud sought to be introduced by way of amendment - Delay - By itself not a ground to refuse amendment - If the alleged fraud committed by plaintiff comes to the notice of defendant at a belated stage then defendant cannot be deprived of his right against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - By amendment sought to be converted to a suit for possession - Plaintiff was well aware of the facts which are sought to be incorporated in the plaint by way of amendment - Amendment will completely change the nature of suit from mandatory injunction to that of possession -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Principles governing : (a) The parties should not be allowed to substitute one cause of action or the nature of the claim for another as claimed originally or should also not be allowed to change the subject-matter or the controversy in the suit; (b) The parties should not be allowed to introduce by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Writ jurisdiction - High Court can interfere with an order erroneously allowing or refusing to allow amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea of ownership on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession from date of sale deed - A new plea sought to be set up on facts already pleaded - Amendment allowed...........
Agreement to sell -- Suit for specific performance - Unable to perform whole of contract - Minor's share - Nothing in agreement that in the event of permission to sell minor's share is not obtained within specified period same shall become invalid or otherwise unenforceable in law - Permission to sell minor's share rejected during pendency of suit - Contract thus not..........
