Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plait - Delay - Conduct of the petitioner - Amendment sought well within the knowledge of the applicant - No attempt to explain as to why the amendment not sought earlier - Held, the conduct of the petitioner disentitles him to the discretionary relief of amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of costs - Costs accepted under protest - There is no disentitlement to challenge the order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Amendment sought purely legal and no evidence is sought to be produced - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application filed after close of evidence - Application should be considered liberally - Application contained several proposed amendments - Only such amendments be allowed which are legal and do not cause prejudice to the plaintiff - All such amendments which raise new issues, require..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Landlord seeking amendment of ejectment application alleging the tenant had sublet the premises during pendency of ejectment proceedings - Amendment allowed - It will cause no prejudice to tenant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Technical objection that plaint has not been signed by the Principal Officer or the duly constituted attorney of the plaintiff Bank sought to be removed - Plaint allowed to be amended with permission to re sign & verify the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permission to withdraw admission - Such prayer refused as it would be permitting the petitioner to resile from her admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - New plea sought to be taken at the appellate stage - If any party suffers from such an amendment it can be compensated in terms of costs - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud & deception - In absence of particulars in the pleadings, the same cannot be allowed to be proved...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction restraining defendant from interfering with the possession of shop of plaintiff - Wife filed suit on behalf of husband who is insane - Defendant pleaded partnership with husband - Amendment of plaint sought that partnership deed was executed during the period of lunancy of..........
