Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at a primary stage - No new relief has been sought and only nature of suit property would be changed to some extent, but it is not the fact that there would be complete overhauling of plaint - When suit is at its initial stage and defendants have all the opportunities available to rebut the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when case was posted for final arguments - Plaintiff who got prepared the plaint, signed and verified has not shown due diligence at all - If plaintiff had shown due diligence at the time of filing plaint at the very inception in plaint all amendments now sought to be made should have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Initially suit was filed claiming it as easementary right - Alternative plea of passage being a public passage has been sought by way of amendment - Nature of suit not changed by allowing the amendment, rather it remained the same - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Plaintiff failed to show that inspite of due diligence, she could not file application for amendment before commencement of trial - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
