Civil Procedure Code, 1908, Order 6, Rule 17(As - - Pleadings - Amendment - Amended provisions of O.6.R.17 CPC not applicable to suits which are filed prior to the date on which the amendment to CPC was brought into effect i.e. 01.07.2002...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permissibility - By amendment, petitioners were not trying to make out any new case but only amplifying the case as pleaded in written statement and counter claim - Held, it is a settled principle of law that Courts have to be more liberal in granting amendment to written statement - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - `Commencement of trial' - Equally applies to the case of the plaintiff or defendant as the case may be...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - `Commencement of trial' - Commencement of trial must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. (2006(3) Apex Court Judgments 17 (SC) : 2006(3) Civil Court Cases 573 (SC) followed)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought explanatory in nature - Sought at the stage when two witnesses were cross examined - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Advocate appearing on behalf of defendant did not file Vakalatnama inspite of repeated adjournments - Defence struck off - Held, if Advocate did not file power of attorney then at the most Court can proceed against defendant considering him to be absent in the case - But Court cannot struck off the defendant - Order striking..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Advocate appearing on behalf of defendant did not file Vakalatnama inspite of repeated adjournments - Defence struck off - Order set aside - Court can impose costs when inspite of direction power of attorney is not filed...........
Civil Procedure Code, 1908, Section 6 -- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual relief claimed was Rs.18 lacs - Court..........
Registration Act, 1908, Section 69, Rule 6, 4, 14(i) - - Grant of licence as Document Writer - Eligibility - Petitioner fulfills all the eligibility conditions for grant of licence of Document Writer - Reference has been made to Rule 14(i), which provides that he shall not engage himself in any trade or business without previous permission in writing of the Inspector..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Written statement - Amendment - Coupled with application for framing of additional issues - Applications not bona fide one - Not necessary for proper adjudication of the controversy in dispute - Dismissal of applications - Calls for no interference...........
