Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amending written statement are different from ones for amending the plaint - Defendant can take many pleas, which may be inconsistent or alternative pleas...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of subsequent purchasers - Plaintiffs came to know about execution of sale deeds by defendants in favour of subsequent purchasers on perusal of written statement filed by defendants and thereafter applications in question were filed - Limitation..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court can allow amendments to pleadings, as may be necessary, for the purpose of determining the real question in controversy between the parties - Where application is moved after trial has commenced, even then court may allow amendments, on being satisfied that averments sought to be introduced by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Effective adjudication of controversy and avoidance of multiplicity of judicial proceeding are factors that have to be considered...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleadings, no amount of evidence can be looked into...........
