Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration challenging Will - Defendant in written statement claiming property on the basis of Will - Written statement mentions another person to be owner of property - Ex facie appears to be wrong - Amendment seeking to withdraw admission by mistake in written statement -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff attempting to fill up lacunae by complete alteration of basic case - Not permissible unless absolutely essential, just, fair and equitable for completely and finally determining controversy between the parties pending before the Court - Proposed amendment would not only allow applicant to..........
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 -- Amendment of written statement - amendment sought to raise plea of oral petition - in evidence defendant admitting that partition proceedings are pending and have not been finally disposed of - cannot be permitted to withdraw the admission already made - amendment disallowed...........
Evidence Act, 1872, Section 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission - Averment admitted in written statement, statement in Court that written statement drafted at his instance and that particular para correct and further attending circumstances leave no scope for doubt that averment correctly made in plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Intention to withdraw admission made in pleadings in favour of opposite party and raise contrary plea - Amendment seeking to introduce entirely a new cause and to displace plaintiff completely from admission made by defendant in written statement - Cannot be allowed...........
