Amendment of law -- It is the duty of Courts, whether trying original proceedings or hearing an appeal, to take notice of change in law affecting pending actions and to give effect to the same...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is based on mere assumptions and presumptions of petitioner - Nothing fruitful would be gained in allowing such amendment - Even, proposed amendment is not necessary for determining real controversy between parties - Application filed at the final stage of trial is just to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Merely putting blame on the earlier counsel in pleading of facts is not sufficient and cannot be accepted as a ground for seeking amendment of pleadings at the stage after commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendants by way of amendment of written statement want to change their entire stand taken in original written statement, which cannot be permitted in law by seeking amendment of written statement...........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of eviction petition - Landlord by way of amendment sought additional prayer to the effect that vacant possession of suit property may be handed over to him - Such additional prayer will only clarify prayer clause of landlord without any prejudice to tenant - Application allowed...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
