Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea as to rent note tampered with - Amendment cannot be denied merely for the reason that some evidence is already recorded - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Plea justifying claim for restoration of possession by way of amendment - Not inconsistent or disruptive of the original plea...........
Hindu Minority and Guardianship Act, 1956, Section 6(c) -- Minor married girl - Guardian - Husband is the natural guardian of the married girl even if she is a minor - Father is the natural guardian of a minor boy and minor unmarried girl...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Every pleading should contain, and contain only, a statement in a concise form of the material facts on which the party relies for his claim or defence, as the case may be - `Material facts' are facts upon which the plaintiff's cause of action or defendant's defence depends and the facts which must be proved in..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Passing of judgment on its basis - Joint bond - Payable either or survivor - Suit for recovery by heirs of deceased - Defendant admitted the amount belonging to deceased - Further claimed to be entitled to receive money - Court passed decree on the basis of admission - Not proper - Triable issue exists - Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Petition filed U/s 166 of the Motor Vehicle Act, 1988 - Amendment sought to convert the claim petition u/s 163-A of the Act. Held - Provisions of Section 163A of the Act are in the nature of a social security - Provides a distinct scheme of compensation to claimant/deceased having annual income..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea available at the time of filing written statement cannot be allowed by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Fact of registered will sought to be introduced by way of amendment - Authenticity of a registered document cannot be doubted at the stage of allowing amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Amendment necessary for effective adjudication - Courts are more liberal in allowing amendment of written statement as question of prejudice is unlikely to arise in that event - Ordinarily amendment in the pleadings are not likely to cause failure of justice or irreparable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plea sought to be raised as to exclusive ownership instead of plea of co-owner - In fact it is claim of area of whole house exclusively instead of claiming the area of first floor and cannot be considered as an admission - Proceedings at initial stage - Delay, if any, can be compensated by costs - Order..........
