Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Trial in the civil suit commences from date of filing of affidavits in lieu of examination-in-chief of witnesses - Therefore, O.6.R.17 Proviso CPC comes into play only after filing of such of affidavits in lieu of examination-in-chief of witnesses...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Explanation IV - Landlord seeking amendment at appellate stage - Subsequent event should not and ought not be prevented to come on record...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Amendment deserves to be allowed where correction of mistake is sought, as liberal approach has to be adopted in such like cases...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record certain documents claiming that same are relevant for adjudication of suit - However, proposed amendment would introduce a new fact in the pleadings which was in no way concerned with real question in controversy and adding the same in the pleadings would cause..........
