Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment to incorporate plea of family settlement allowed - After amendment is allowed, Court to frame a distinct issue on the validity and correctness of memorandum of family settlement and thereafter to allow parties to lead evidence on said issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent and alternative pleas in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent pleas can be taken by defendant without withdrawing wilful admission raised in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Wilful admission - Denial of promissory note in the written statement cannot be treated as admission - Denial of execution of promissory note could not be such a statement coming within the purview of S.17 of Evidence Act - Amendment seeking inconsistent pleas without retracting wilful..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Categorical and wilful admission made in the pleadings cannot be permitted to be withdrawn by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A party is within his right to amend even contradictory stand earlier taken in his pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Amendment of complaint - When there is no averment at all in respect of a Company, amendments as sought would be a complete overhauling of the first complaint and a clear attempt to overcome the foundational infirmity of the absence of any..........
