Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - After commencement of trial - Trial commences from the date of filing of affidavit in lieu of evidence of witnesses and application seeking amendment in plaint after filing of said affidavit would be governed by O.6.R.17 proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Title suit - If plaintiffs failed to seek amendment in their plaint during pendency of title suit, they could not be allowed to seek amendment in their plaint at belated appellate stage - Moreover, when there was no prayer for confirmation of possession, plea of dispossession during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Law of amendment in case of written statement is much liberal as compared to amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought only to correct typographical mistake in mentioning of khasra number - Said amendment is necessarily required to be allowed - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
