Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Application filed after seven years without giving any explanation whatsoever for not having mentioned said facts initially in plaint - It is not sufficient merely to say that by mistake such facts could not be brought on record...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Merits of proposed amendment - Not to be gone into at the time of allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13, 12 -- Divorce petition - Plaintiff seeking amendment of plaint to seek relief u/s 12 of the Act for annulment of marriage as his consent was obtained by fraud - Amendment sought within one year of knowledge of fraud - Held, amendment sought is not barred u/s 12 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Application not pressed and remained pending till the case reached final stage - Application deemed to be not pressed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachment inspite of injunction order - Amendment of plaint to bring subsequent event on record and to seek possession of suit property - Proposed amendment not to change nature of suit - By allowing proposed amendment multiplicity of proceedings can be avoided -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Relief of partition and declaration sought by way of amendment of plaint when suit was pending for evidence of defendant - No reason as to why such prayer not added at the time of filing of suit or prior to commencement of trial - Application dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Contention that defence raised by defendant is to be seen in the absence of plaintiff's case as set up in the plaint - Not correct - Court in absence of pleadings in the plaint cannot really appreciate the defence raised by the defendant...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Money suit by claiming that agreement was void as consent was obtained by fraud and misrepresentation and that it was opposed to basic policy and aimed at unjust enrichment - Leave to defend - Court merely to see whether the defence raised by defendant is substantial with a possibility of..........
Civil Procedure Code, 1908, Order 6, Rule 17, 18 -- Plaint - Amendment - Allowed - Failure to amend plaint - As a consequence thereof it is the original plaint which is to be tried...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery - Corporation - By its resolution Corporation had authorised all Senior Managers to file suit with prior approval of M.D. - Person who signed and verified plaint on behalf of Corporation categorically stated that he had taken prior approval of M.D. -No evidence in rebuttal produced by defendant - Objection..........
