Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of probate petition - Amendment sought to substitute the word `probate' by `letters of Administration' - However, petitioners are executors of Will and therefore, they are entitled to Probate - Application for amendment rightly rejected...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate prayer of declaration in the suit - Plaintiff was fully aware of facts of case, however, he filed application for amendment after a delay of four years that too without adducing any sufficient or valid reason for such inordinate delay -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Addition of two prayers in the relief clause - Pleadings in this regard already incorporated - Change in prayer clause not barred by O.6.R.17 Proviso CPC - It does not amount to change of nature of suit - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Sought to be replaced with the new one as written statement filed earlier was not by an Advocate engaged by defendant and he was never instructed to make a statement - Replacement allowed by imposing a condition that substituted written statement would be considered only, if defendant is able to prove the..........
