Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - An application is must setting out specifically (i) the additional pleading sought to be raised (ii) the pleadings sought to be deleted or altered...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed defendant should also be allowed the liberty of moving an application under O.6.R.17 CPC setting out such additions, alterations and deletions as he proposes to make in the written statement as was originally filed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed amendment of written statement - Pleas to be allowed - Analysed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - When amendment allowed amendment of written statement - Court would examine whether such pleas sought to be raised by way of amendment in the written statement are in any way inconsistent with the previous pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or inconsistent with the original..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Even a friend of the plaintiff can file an application seeking amendment of the plaint so long as the plaintiff would not object for the said course...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Death of defendant before recording of evidence - Decree can be passed on admission in written statement under provisions of Order 12 Rule 6 - Provisions of Order 23 have no application - Bar to maintainability of suit under Order 23 Rule 3A - Not applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission, limitation as to - Admission by a party may be withdrawn or may be explained away but such amendment should not be destructive of original case pleaded by the party and must not cause serious prejudice to rights of other party in taking that party by surprise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought after two years of institution..........
