Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment allowed - Written statement to amended plaint - Cannot be allowed when there is amendment in cause title of plaint only without there being any additional plea raised in the amended plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff furnished more details about the mode of payment of consideration - There is no inconsistency and amendment sought for is not barred by limitation - Amendment allowed - No interference...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 30, Rule 4, Contract Act, 1872, Section 45 -- Plaint - Amendment - Partnership firm - Death of one out of two partners - Amendment of plaint sought to alter its cause title to bring about changes that plaintiff is a proprietary concern - Held, the remaining partner of the firm even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case was listed for recording statement of defendant - Amendment sought with regard to property in dispute whereas in the plaint boundaries given are with regard to entire property relating to Khata No.440 - Elaboration of property - Amendment allowed by trial Court - Held,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Will does not mention the number of property in question whereas with regard to other property in the Will specific description has been given - Trial Court rejected application by holding that genuineness of Will can only be decided after parties are allowed to lead evidence - No interference called..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11 -- Territorial jurisdiction - Loss of answer books - Suit for damages against University - Suit filed in a Court at place `M' where University is not having any office nor cause of action arising within limits of said Court - Held, return of plaint is proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed - Additional written statement - Lawyer consciously made an endorsement that he does not want to file any additional written statement - Evidence was led thereafter and witnesses were cross-examined - Some new lawyer was engaged at the time of hearing and he pointed out that a mistake has been..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2003, Section 9 -- Eviction proceedings - Legal necessity - Amendment of plaint at appellate stage - Death of landlord during pendency of appeal - During the pendency of appeal filed by defendant (tenant) original landlord died - Effect of - Held, matter was yet to be finally decided and event..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Relief sought to be claimed by way of amendment beyond limitation - Amendment declined...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of both Courts below that plaintiffs are entitled for 2/3rd share in the disputed property - In plaint the extent mentioned either as 2.25 acres or 3.25 acres is immaterial in view of the fact that defendant himself has pleaded they have purchased 1/3rd share in the disputed property - Both..........
