Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Refusal - Court can refuse amendment in the circumstances : (i) where it is not necessary for the purpose of determining the real question in controversy between the parties; (ii) where the plaintiff's suit would be wholly displaced by the proposed amendment; (iii) where the effect of amendment would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - L.R's of defendant seeking amendment of written statement to take up the plea that suit property is ancestral coparcenary/Joint Hindu Family Property and the proposed alleged sale vide the agreement in question was neither for consideration nor for family's legal..........
Haryana Municipal Act, 1973, Section 9(3) -- Second Proviso as substituted by Haryana Act 18 of 1996 w.e.f. 16.12.1996 - Constitutionality of - Suffers from vice of unconstitutionality and is ultra vires of the protection given under Article 243 - R of the Constitution as amendment proposes to divest members of House of People and Legislative Assembly or Council of States,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing are : (i) All amendments will be generally permissible when they are necessary for determination of the real controversy in the suit; (ii) All the same, substitution of one cause of action or the nature of the claim for another in the original plaint or change of the subject-matter of..........
Pepsu Tenancy and Agricultural Lands Act, Section 51 -- A as introduced by Amendment Act 11 of 1968 - Grant of land for gallantry in area which now falls in Pakistan - Allotment of land in lieu of that under Displaced Persons (Compensation and Rehabilitation) Act - Protection granted to land under Section 51 - A on account of gallantry - Does not cease to be so merely..........
Pepsu Utilisation of Surplus Area Scheme, 1960, Paras 7, 10, 11, 13 -- Settlers put in possession of surplus area and paid compensation to landowner - Exemption from surplus to land granted for gallantry by Amendment Act 11 of 1968 with retrospective effect - Protection under Section 51 - A available to land allotted under Displaced Persons (Compensation and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction to restrain Electricity Board from disconnecting power supply for non-payment of amount demanded in bill which is alleged to be illegal and unenforceable - Amendment of paint sought seeking additional relief of declaration that demand for payment of amount is illegal and..........
Limitation Act, 1963, Section 3, Article 58, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for perpetual injunction - Amendment of plaint allowed seeking relief of declaration - Where relief sought is not new but is based on facts and allegations already stated, question of applying limitation does not arise...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Petition by husband for dissolution of marriage on ground of mental cruelty and desertion - Petitioner pleaded that he was not given conjugal happiness expected to be given by a wife - Such vague allegation can be permitted to be clarified by adding that there was failure or inability on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment seeking an ancillary or a consequential relief i.e. in the event of the decree for possession is passed, the same may be passed with a direction to remove the construction/malba raised in the property in dispute - If the plaintiff is granted a decree for possession and injunction then..........
