Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments can be refused where other party cannot be placed in the same position as if pleading had been originally correct, but amendment would cause him an injury which could not be compensated in costs and power to allow an amendment is wide and may at any stage be appropriately exercised in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought does not alter the nature of suit - Issues in main suit are yet to be framed and suit was at the stage of filing written statement - Allowing amendment even before filing of written statement would not have any adverse effect on defence set up by defendants - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in seeking amendment in pleading by itself, cannot be sole ground on which application for amendment can be rejected - However, where O.6.R.17 proviso CPC comes into play, jurisdictional fact needs to be satisfied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Condonation of delay in filing appeal - Applicability of S.5 of Limitation Act - Since there is a specific provision governing the field for condonation of delay in filing appeal as stipulated in O.41.R.3-A CPC, provision of S.5 of Limitation Act cannot be invoked...........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
