Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prayer made in plaint in conflict with amendment sought - Both in conflict with each other - Nature and character of suit will alter, if amendment is allowed - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint - Civil Court can permit an amendment of plaint to enable a proper description of plaintiffs to appear in it in order to assist Court in determining real question or issue between parties invoking jurisdiction u/s 153 CPC...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Recovery suit - Proprietor of firm not arrayed in suit due to accidental slip - However, firm was arrayed as defendant no.3 - Description of defendant no.3 may be imperfect in the plaint, an error which can be permitted to be corrected - It is neither addition nor substitution of a party, but merely..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate expression `100 years' in addition to expression `kadeen' meaning `since time immemorial' - Said amendment cannot be said to be changing frame/structure of suit nor nature of suit - However, fact that disputed way is used for time immemorial or for more than 100 years..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
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 - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
