Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment is not permissible if basic structure of plaint is changed or amendment itself is not bona fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has power to allow amendments in connection with claims which had become time barred, if special circumstances exist and it is in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere fact that amendment is filed after commencement of trial, cannot be a ground to reject application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Omission of mandatory requirement running in three to four sentences cannot be a typographical error...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments are not to be allowed merely because they are clarificatory in nature or removing any ambiguity after trial has commenced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent and contradictory allegations in negation to admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
