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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend may be refused if it introduces a totally different, new and inconsistent case or challenges fundamental character of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant admitted having taken premises on rent from plaintiff - Amendment of written statement sought by defendant to deny title of plaintiff - Defendant is estopped from denying title of plaintiff to the premises in question particularly for defendants' admission - Amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant has not come to Court with clean hands and ground taken by him to justify his delayed application for amendment is falsified from the record of suit - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Earlier application for amendment moved by tenant has already been rejected - Present application is filed seeking similar amendment - Case is at the stage of hearing - High Court already directed Court below to finalize proceedings of case within 6 months - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment does not constitute an addition of a new case, but amounts to no more than adding to facts already on record, amendment would be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When there is an arguable question whether new relief claimed by plaintiff by way of amendment of plaint is barred by limitation, amendment can be allowed after saving question of limitation to be agitated and adjudicated in trial of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
