Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application seeking leave to amend plaint cannot be rejected merely because nature of relief is sought to be changed by plaintiff - Moreover, if amendment would curtail multiplicity of legal proceedings, then there is nothing wrong in allowing amendment sought by plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Admission made in written statement cannot be permitted to be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought by defendant to change his character of a tenant which was otherwise as admission made in written statement - Admission made in written statement cannot be permitted to be withdrawn - Even otherwise, tenant by merely denying relationship of landlord and tenant could not avoid..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate consequential relief of possession - Relief of possession is ancillary in nature - Proposed amendment was allowed for effective and final adjudication of controversy between parties - No fault found in impugned order of allowing amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment can be refused when entirely a new case is set up, different from the one originally pleaded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Party seeking amendment has to show that despite due diligence he could not have sought amendment before trial commenced...........
Civil Procedure Code, 1908, Order 6.r.17 -- Amendment of plaint - Normally amendments are to be granted, if sought promptly or even with some delay - An amendment, that is mala fide or not made in good faith, should never be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment in appeal is a rarity...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At the appellate stage - Partition suit - Defendant sought amendment of written statement with an additional plea that it is only a benami transaction - If amendment is allowed then additional issues have to be framed and additional evidence has also to be adduced on either side - Amendment..........
