Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had already been given in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of admission made in written statement - Once a written statement contains an admission in favour of plaintiff, amendment to withdraw such an admission cannot be allowed to plaintiff's prejudice and facilitate the setting up of an inconsistent plea from the one earlier taken in first instance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Amendment sought at the stage when evidence was already over and case was fixed for hearing - Order rejection amendment application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Admission earlier made cannot be allowed to be withdrawn - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission on ground of fraud and misrepresentation - Sufficient reasons ex facie shown by suspicious circumstances which led to the filing of written statement itself as being one induced by fraud and misrepresentation practiced on an unsuspecting family member - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Admission - Can be explained by amendment of written statement even by taking inconsistent pleas or substituting or altering defence - Courts are more liberal in allowing amendment of written statement than a plaint as question of prejudice would be far less in the former than in the later and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Categorical admission made in respect of partition - Under the garb of amendment defendant seeks re-partition of the property - Proposed amendment not bona fide - Amendment disallowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement for withdrawal of admission - By moving application for amendment, petitioner-tenant wants to negate benefit accrued to respondent-landlady on basis of earlier defence taken by him - Held, a right has accrued to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Cannot be withdrawn when it goes to the root of the case and the entire complexion of the written statement is sought to be changed by withdrawing such admission...........
