Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Inconsistent pleas can be taken and even subsequent events can be allowed to be incorporated by way of amendment but not when total cause of action is going to be changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment not only to change cause of action but also to change nature of suit - Application rightly rejected...........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once incorporated ordinarily relates back to date of filing of suit - However, in appropriate case, Court can provide that amendment permitted by it shall not relate back to date of filing of suit...........
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...........
