Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment if allowed will change the nature of suit as suit for declaration of title will change into a mortgage suit and that too after full fledged trial - Amendment declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought to change the name of accused from "Managing Director, ABC Ltd....." to "ABC Ltd... through Managing Director..." - Order allowing amendment upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Court while deciding application did not dealt with the fact as to whether amendment sought is necessary or not for just disposal of suit - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question as to whether pleadings made in application U.O.6.R.17 CPC are correct and reliable or not, can be adjudicated by trial Court only after recording of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Application for amendment filed on the basis of subsequent events - Rejection of application for amendment not proper - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
