Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at the instance of defendant transposed as plaintiff - None other than the author has right to seek leave to amend original pleadings, no matter it was not objected to by original plaintiffs - However, such party can pursue contentions in written statement in support of suit claim treating as part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dealing with cases of amendment in plaint and written statement are different and Courts should be liberal in case of amendment sought in written statement but with a proviso that no application for amendment shall be allowed after the trial has commenced, unless Court comes to conclusion that in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Categorical admission made in pleadings cannot be permitted to be withdrawn by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought clarificatory in nature and to elaborate the pleadings already taken - Amendment sought at very initial stage of trial - Explanation given for not raising plea earlier is that he is not very well versed with English language - It does not mean that he could..........
