Civil Procedure Code, 1908, Section 100 -- Substantial question of law - First Appellate Court decided appeal without passing any order on application under Order 6 Rule 17 for amendment of pleadings - No injustice done even if no order passed by First Appellate Court on application for amendment - Lapse on the part of First Appellate Court would not amount to a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment off plaint - can be allowed even at the execution stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendments to pleadings which are moved at the proper stage and not unduly delayed should not normally be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Relationship of landlord and tenant denied - Amendment sought that on discovery of additional evidence and material that one `A' was merely a permissive occupier in one of the Dags and sought leave to explain the nature of her possession and occupation - There is no inconsistency between the original..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Amendment - Plea sought to be introduced by way of amendment if available prior to filing of written statement can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Can be allowed at any stage including the stage of arguments and even when the case is at appellate stage - Amendment however can only be allowed if it is necessary for proper adjudication of the issue involved...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Area of plot sought to be increased as the same alleged to be occupied during pendency of suit - Amendment is necessary for deciding the issues raised in the suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred claim - Cannot be allowed to be inserted by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Cannot be allowed when amendment sought will completely change the nature of the cause of action and would seriously prejudice the rights which have already accrued to the defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Diametrically opposed stand sought to be projected by way of amendment - If allowed will cause prejudice to the other party which cannot be compensated with costs - Order of trial Court declining amendment upheld...........
