Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- In absence of a specific plea in the pleadings no amount of evidence can be looked into by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction petition - Amendment sought to substitute words `first floor' in place of `Second floor' - Amendment will not change nature of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Necessary parties - Co-owners - One of several co-owners can recover possession from trespasser without impleading other co-owners - But for suit for declaration of title all co-owners are necessary parties and non-impleading of any one of them would be fatal defect which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership of plaintiff and in the alternative claim made for half share if Will is proved genuine - Amendment of plaint sought to reduce defendant's share in alternative claim - Amendment not changing nature of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Nature of suit not changed by proposed amendment - Effect of amendment will only change the share of the plaintiff - Amendment allowed - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment sought as to adding relief for damages as an alternative - No permission asked for leading evidence - Amendment sought whether time barred cannot be gone into while considering amendment application - Held, appellate Court not justified in rejecting application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If defeats valuable right of limitation accrued to other party - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If defeats valuable right of limitation accrued to the respondent amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Averment in plaint that defendant had entered into agreement for sale of suit and with defendant - Amendment sought to modify averment that defendant had entered into agreement with plaintiff for development of suit land - Amendment allowed - Held, not illegal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Fraud Giving further particulars of fraud by amendment of plaint - Allowed...........
