Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of amended written statement - Typographical mistake of figures in the amended written statement - Defendant permitted to carry out proposed amendment as per his application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Amendment to S.148 of the Act is merely procedural and hence it's application would be retrospective in nature and would apply to all pending appeals as well...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint was filed at the place where cheque was presented in the branch falling within jurisdiction of Court - However, same was retuned in view of unamended provision of S.142 of the Act - Amendment in S.142 of the Act has retrospective effect - Complaint..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of judgment - Valuation of subject matter of suit property - Parties were heard on issue of valuation and then trial Court ascertained the valuation of subject matter of suit property - It cannot be said that valuation was only clerical or arithmetical mistakes or accidental slip - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Merely because an application is filed after commencement of trial cannot be sole ground for dismissal of application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
