Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent pleas can be taken by defendant without withdrawing wilful admission raised in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Wilful admission - Denial of promissory note in the written statement cannot be treated as admission - Denial of execution of promissory note could not be such a statement coming within the purview of S.17 of Evidence Act - Amendment seeking inconsistent pleas without retracting wilful..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Categorical and wilful admission made in the pleadings cannot be permitted to be withdrawn by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A party is within his right to amend even contradictory stand earlier taken in his pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for amendment was filed after some of witnesses on behalf of plaintiff had been examined - Plaintiffs have miserably failed to satisfy Court as to why they were unable to seek proposed amendments before commencement of trial - Said facts were already in knowledge of plaintiffs at the time of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court below while dismissing application neither discussed ingredients of O.6.R.17 CPC nor any reasoning has been assigned as to why prayer sought by plaintiff could not have been allowed - Duty cast upon Court while deciding application U.O.6.R.17 CPC is not discharged - Trial Court dismissed the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
