Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After dismissal of suit - Amendment sought that boundaries of suit property could not be explained properly due to oversight - It is not pleaded that despite due diligence these facts were not mentioned in the plaint earlier or that same were not in his knowledge - It is a blatant attempt on the part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Election petitioner never taken corrupt practice as a ground to challenge election of appellant - Pleadings sought to be taken by way of amendment cannot be said to be of introduction of any new cause of action or new ground of challenge - It cannot be said that ground as sought to be pleaded..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Information Technology (Amendment) Act, 2008, Section 67B -- Bail - Rape - Serious allegations were made against accused - Threats extended by accused to the life of prosecutrix and threats given through whatsapp chats..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Conversion of divorce petition to annulment of marriage - Husband filed divorce petition on the ground of cruelty - By way of amendment of petition prayer sought that marriage was voidable as it was not consummated owing to impotency of wife - However, there is no averment as to impotency of wife - Wife already..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of evidence in pleadings - Evidence is not required to be pleaded in the pleadings - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering prayer for amendment of pleadings, Court must make a distinction between substantive and formal amendments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere addition of prayer comes in category of formal amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
