Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Defect in verification - Can be cured by filing an application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, 14, 15 -- Amendment of pleadings - To cure defect in verification - Provisions of O.6.Rr.14, 15 CPC only prescribe for signing and verification of pleading by parties - It nowhere restricts that if any genuine or bona fide mistake has occurred in the pleadings, same cannot be cured...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to pleading can at any stage move application for amending their pleading as per O.6.R.17 CPC...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 2(g)(6) -- [as inserted by amendment Act of 1992) - Constitutional validity of - Upon extension of Municipal limits, residents of Panchayat also becomes resident of Municipality - Land has been put to common pool by applying pro rata cut - Once pro-rata cut has been applied, management and control of such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of reply to the petition - Subsequent events - Eviction sought from a shop on ground of reasonable and bonafide necessity - Acquiring of residential premises during pendency of eviction petition - In view of nature of acquired property, application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Co-parcenary property - Act has not put to an end to coparcenary rights and infact, it continues to be reiterated after coming into force of 2005 amendment Act...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
