Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to correct name of mortgagor - Mistake committed in the plaint, does not appear to be an intentional error or an attempt to change nature of suit - Ordinarily a Court would not deny a bona fide and legitimate amendment - Moreover, while allowing amendment of pleadings, particularly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Person seeking amendment should proceed with due promptitude...........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Petitioners failed to apply for incorporation of desired amendment for 5 years - Petitioner`s application clearly barred by proviso to O.6.R.17 CPC - Application rightly dismissed...........
Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Amendment in leave to defend application - Dismissal of application by trial Court - Subsequent events after leave to defend application - Time lapse between filling leave to defend and final adjudication of said application - In these matters, there are several..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea sought to be raised by way of amendment is totally inconsistent with original plea raised in the case - Trial Court should not have permitted defendants to raise such a plea by way of amendment after commencement of trial - Order allowing amendment application set aside...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment or stage of suit not the sole determining factors for consideration of application for amendment of pleading...........
