Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and mandatory injunction - Plaintiff has already sought for relief of mandatory injunction restraining defendants from raising construction over plot and for restoring possession - However, construction was raised by defendant during pendency of suit - Plaintiff seeking to amend..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Consequential relief of mandatory injunction also claimed - Suit is maintainable even when consequential relief of possession is not claimed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and for consequential permanent injunction - Subsequent to filing of suit defendant found to be in possession of part of property - Amendment of plaint sought to include relief of recovery of possession and mandatory injunction - Defendant can raise the objection as to limitation by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events to institution of suit so far as they are in consonance with original cause of action - Should be permitted to be brought on record - Suit for declaration and permanent injunction claiming to be owner in possession and restraining defendants from interfering in peaceful possession -..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for injunction restraining defendant from interfering with plaintiffs possession and for mandatory injunction for removal of construction made by defendant - Averments in plaint as to encroachment by defendant - Plea of defendant that plaint averments amount to admission about defendants trespass and without prayer for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit as to declaration of joint title and possession and a prayer for permanent injunction - Subsequent event - Inclusion of prayer for mandatory injunction for demolition of structure made during suit - Amendment allowed...........
