Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment not going to the root of the case - Amendment not necessary to decide the controversy - Facts sought to be introduced by amendment already in knowledge of plaintiff and amendment sought after leading of evidence and at a belated stage after several years - Refusal of amendment needs no..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 3 -- As amended by Amendment Act of 1995 - Shamlet Deh - Application for possession of land on ground that land vested in Panchayat - Collector found that suit land was owned by Gram Panchayat and ordered delivery of its possession to Panchayat - Upheld by Commissioner and Writ Petition dismissed by High Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought clearly altering defence pleaded and coming after delay of six years when recording of evidence was concluded - Held, such delayed amendment cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Essential facts already pleaded and by way of amendment only additional plea was sought to be taken - Amendment rightly allowed - Case partially remanded to trial Court - Plaintiff to file reply to the amended written statement and an issue will be framed covering the..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Evidence led when there was no pleading - Subsequently plaint amended - Evidence led on that point prior to amendment cannot be looked into...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at first appellate stage - Fact of registered Will and mutation sought to be incorporated in the written statement - Omission to plead this fact which was within knowledge of party and counsel - Evidence led to prove Will but such evidence not looked into being beyond pleading -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - First application withdrawn - Second application - Suit for declaration that marriage between plaintiff and defendant is null and void - Allegation that father of wife had given him wrong information that date of birth of wife is 22.9.71 whereas according to School certificate actual date of birth is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Misdescription in naming the plaintiff as a proprietorship firm and not a registered partnership firm - No evidence on record that such misdescription was done mala fide or that because of this any injury has been caused to the defendant - When a suit is instituted misdescribing the plaintiff an amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Injunction suit restraining defendants from closing the door - At the stage of rebuttal evidence defendants sought amendment of written statement to introduce a claim by way of counter claim that the door be removed - Defence sought to be raised by amendment appears to be an after thought,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Defendant in violation of the order of the Court and their own statement made in the Court, raised illegal construction on the 3rd floor of the house - After considerable period application filed - If an amendment is barred by limitation the issue will have to be gone into after the..........
