Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Would change nature of the suit and convert the suit into another or totally different character - Avoidance of multiplicity of proceedings no ground to allow amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Principles for allowing amendment - A new case is not set up - Does not cause injustice to the other side - Necessary for determining real question in controversy - Amendment not to be disallowed merely on the ground of delay - Held, that the general rule matter of allowing amendment is that all amendments are to be allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for specific performance - Plea possession missing in plaint - Compromise decree - Amendment of plaint in execution adding relief of possession - No trial of the suit necessary - Entitled to recover possession in execution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for specific performance of contract - Ready and willing to perform his part of contract not pleaded - Plaintiff did not say anywhere that even at the time of hearing he was willing and ready to perform his part of the contract - Amendment in the circumstances cannot be allowed...........
Punjab Custom (Power to Contest) Act, 1920, Section 6 -- Effect of Section 3 Punjab Custom (Power to Contest) Amendment Act, 1973 - Ancestral property immune from challenge in Court of law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment sought to clarify certain position - Application filed before recording evidence - Not filed at a late stage - Pendency of suit for a long period is no ground for rejecting an amendment application...........
Civil Procedure Code, 1908, Section 151, 152, Order 20, Rule 7 -- Date of decree - Decree passed - Appeal dismissed - Application for amendment of decree declined and on revision the amendment in the decree allowed - Application for execution of the decree - When the time of limitation begins to run...........
Civil Procedure Code, 1908, Section 153 -- Second appeal filed - During pendency of first appeal respondent died and legal representatives impleaded - Cause title not changed and decree drawn in the name of the dead person - Second appeal filed on the basis of decree sheet - As appellant makes out a sufficient cause for filing the appeal against dead person Amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit as to declaration of joint title and possession and a prayer for permanent injunction - Subsequent event - Inclusion of prayer for mandatory injunction for demolition of structure made during suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Plaintiff seeking a relief not connected with the original prayer at all - Amendment disallowed - Held, so long as the distinctiveness and the force of the original relief asked for in the earlier pleadings is maintained and an attempt is made only to make an inroad into the form of the relief asked for, it is..........
