Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso - More than three adjournments for leading evidence can be granted on `justifiable cause' which means `sufficient cause' and unavoidable and sort of a compelling necessity like sudden illness of the litigant or the witness or the lawyer, death in the family of any one of them, natural calamity like floods, earthquake,..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso - More than three adjournments for leading evidence cannot be granted when counsel is not available because of professional work in other court or elsewhere or on the ground of strike call or the change of a lawyer or the continuous illness of the lawyer (the party whom he represents must then make alternative..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Proviso - Execution - Decree of prohibitory injunction - Limitation - There is no limitation for execution of a decree of perpetual (prohibitory) injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Written statement - Amendment - After commencement of trial - Court may allow an amendment even after the commencement of trial if it comes to the conclusion that in spite of due diligence, party seeking amendment could not have raised the matter before the commencement of the trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Proviso to O.6.R.17 CPC is not applicable in respect of an amendment sought for before settlement of issues...........
Criminal Procedure Code, 1973, Section 162(1)Proviso, Evidence Act, 1872, Section 154 -- Statement in Court contrary to the voluntary statement made before the police - Statement made in Court under threat to life - Court can rely upon the statement made by such witness before police - In the instant case statement made to police taken into consideration in view of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff filed application for amendment before trial has commenced - Reasons set out in affidavit filed in support of application that subsequent to the filing of suit there was an encroachment and construction which has necessitated respondent herein to file such application for amendment - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - After commencement of trial - Amendment can be allowed after commencement of trial if Court comes to conclusion that despite due diligence, parties could not raise matter before commencement of trial - It is in this sense that power to amend the pleadings is wide and such power of Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Court is conferred with wide discretion to allow alteration and amendments of pleadings at any stage of the proceedings if it is of the view that such amendment would be necessary for determining the real question in controversy between parties - Proviso to O.6.R.17 CPC provides that no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Plaint sought to be amended for return of advance money with interest - Held, in accordance with proviso to sub-section (2) of Section 22 of the Specific Relief Act, 1963, plaintiff is entitled to claim such relief and is also entitled to amend his plaint at any stage of the..........
