Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Grant of leave to amend the pleadings is the rule and refusal an exception - However, while liberally exercising the discretion care should be taken to see that injustice and prejudice of irremediable character is not inflicted on the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Can be refused - (i) Where it is not necessary for the purpose of determining the real question in controversy between the parties; (ii) Where the plaintiff's suit would be wholly displaced by the proposed amendment; (iii) Where the effect of amendment would take away from the defendant a legal right which has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Amendment sought to substitute site plan of plot - Plot rightly identified by site plan annexed with sale deed of plot but plaintiff seeking to substitute same by site plan prepared by him - Amendment not necessary for determination of real controversy and rightly disallowed...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23 -- Judgment on admission - Judgment can be passed if admission is there in the pleadings - As admission for passing the judgment is based on pleadings itself as such it is unnecessary to examine as to what kinds of admissions are covered by Order XII, Rule 6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where a claim is admitted Court has jurisdiction to pass judgment on admitted claim - The object of the rule is to enable the party to obtain a speedy judgment at least to the extent of the relief to which according to the admission of the defendant the plaintiff is entitled...........
Constitution of India, 1950, Article 226, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, Section 6(1) -- Detention order - Pre-execution stage - Interference with - Petitioner contended that impugned detention order was passed on vague, extraneous and irrelevant grounds - There is no material for making such an averment for simple reason..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- L.R's allowed to be substituted - Cause title however not changed - Suit does not abate - O.6.R.18 CPC applies only where the amendment of pleadings is allowed - Cause title is not part of pleadings - Once an order for substitution of L.R's is passed the cause title may be corrected by the concerned party or the establishment..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Cause title - Is not part of pleadings - Not required to be verified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Law to amendment of pleadings is quite liberal - Amendment of pleadings can be refused only when the effect of amendment is to withdraw some admission made earlier and to take a complete somersault on the case pleaded earlier or when some right has become accrued to the other party because of lapse of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Once a stand in fact is taken that fact could not be controverted by any legal proposition...........
