Civil Procedure Code, 1908, Order 6, Rule 17.O -- Impleadment of a party - Consequential amendment in the plaint/cause title can be made - For such consequential amendment in the body of suit/cause title, no formal application U.6.R.17 CPC is required...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at the instance of defendant transposed as plaintiff - None other than the author has right to seek leave to amend original pleadings, no matter it was not objected to by original plaintiffs - However, such party can pursue contentions in written statement in support of suit claim treating as part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Expression `amend his pleadings' refers to pleadings of original plaintiff or defendant in the suit - None other than the author has right to seek leave to amend original pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund for advance - Relief of refund of advance is alternative relief which can be sought at any stage of suit and even after disposal of suit and at the time of execution - There is no question of relief being barred by limitation - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment in the nature of adding prayer of declaration qua compromise decree is not maintainable being barred U.O.23.R.3-A CPC - Amendment application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical mistake - Wrong mentioning of survey number in plaint - Amendment sought to correct survey number which was mistakenly mentioned in the plaint - Suit was filed for perpetual injunction and nature and character of suit will not be changed by permitting amendment of survey number - No prejudice..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Sought after commencement of trial - Irrespective of specific objection by opposite party, it is duty of Court to satisfy itself that applicant inspite of due diligence, could not have filed the application at an earlier stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment of survey no. and boundaries - Amending sought will not change nature of suit and will not introduce a new cause of action - Application for amendment is bona fide - No prejudice is caused to other side by allowing amendment - Application for amendment rightly..........
