Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - O.2.R.2 CPC cannot apply to an amendment which is sought on an existing suit - Plea of amendment being barred U.O.2.R.2 CPC is thus, misconceived and hence negatived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff permitted to file an application for amendment to bring on record certain pleadings which was already there in main plaint - Only by way of further elaboration or explanation, if some paragraphs have been permitted to be made in plaint, no error can be said to have been committed by trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
Specific Relief Act, 1963, Section 10 -- (As amended) - Amended provision of S.10 Specific Relief Act - Amendment is prospective and does not apply to those transactions that took place prior to its coming into force...........
Amendment of law -- Effect of amendment - Whether prospective or retrospective - When an enactment or an amendment is declaratory, curative or clarificatory, impelled by felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date or to cover to antecedent events...........
