Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in a suit for specific performance - To incorporate averment that plaintiff was always ready and willing to perform his part of contract and had sufficient money to tender the same to defendants - Rights of defendant not affected by grant of such amendment - Suit at rebuttal stage of evidence - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for injunction - Finding that plaintiff is not in possession - Suit dismissed - During pendency of appeal amendment of plaint sought seeking relief of possession - If amendment is allowed, defendant will be deprived of his valuable right of raising defence of adverse possession..........
Civil Procedure Code, 1908, Order 41, Rule 25, 24, 23-A, 23, 27 -- Additional issue - Framing at appellate stage - Procedure to be followed by Appellate Court - Dispossession during pendency of appeal - Amendment of plaint seeking relief of restoration of possession allowed - After amendment additional issues were framed - In such situation first appellate Court ought to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at second appellate stage - Both the parties understood the pleadings and have led evidence - No prejudice would be caused by allowing the application - Additional issue not required to be framed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment of pleadings can be allowed at any stage of the proceedings either in the suit or in the appeal provided it is necessary for the purpose of deciding the controversies between the parties and it is not barred by time - Amendment of pleadings can also be allowed if it is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at second appellate stage - delay - amendment of pleadings can be permitted at any stage and delay by itself, is no ground to deny amendment, if in the interest of justice, it is otherwise appropriate to be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at second appellate stage-suit for permanent injunction-finding of trial Court that defendant is in possession but his possession is not more than 12 years - finding affirmed by first appellate Court - second appeal - In second appeal amendment of plaint sought to seek relied of possession - delay - by..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of plaint at appellate stage-amendment sought to state/correct the true facts and details thereto more explanatory - amendment sought no contradictory to the plea earlier taken-amendment rightly allowed by first appellate Court - revision dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment at appellate stage - Not to be allowed as a matter of course - A very strong case required to be made out because there is already a decree in favour of one of the parties - No explanation in application made under Order 6 Rule 17 as to why proposed amendment could not be sought in trial Court - Merely alleging that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Proposed amendment will change nature of suit - Plaint not allowed to be amended...........
