Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
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 - 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 - 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...........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
