Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment declined by holding that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to seek relief of specific performance and mandatory injunction - Trial of suit not commenced, as issues not yet framed - By incorporating relief of specific performance no new case is introduced, as suit instituted is based on contractual obligations of..........
Agreement to sell -- Specific performance - Plea of hardship - No such plea with regard to hardship and inconvenience raised by defendant in his written statement originally filed nor an application was filed to seek amendment of pleadings - In the absence of any such facts on record with an opportunity to plaintiff to controvert the same, it is difficult to accept the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought with a view to introducing a new cause of action claiming specific performance of another agreement entered into subsequently - Distinct causes of action in both the agreements - Proposed amendment cannot be said to be just for the purpose of determining..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Suit for recovery of advance - Amendment of plaint cannot be allowed to seek relief of specific performance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to challenge cancellation of agreement to sell - Challenge to cancellation of agreement to sell is ancillary to main relief already sought in suit - Independent suit for that purpose will not be maintainable - Delay in filing application in these..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment regarding an earlier agreement in favour of plaintiff's wife - Non-reference to earlier agreement in the name of plaintiff's wife has no material value and would not cause any prejudice to defendant - Amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so, amendments sought run contrary to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit instituted before amendment in CPC - No question of any change in nature of suit - Amendment seeks to correct date of agreement as the mistake occurred because of typographical mistake - Case is still at initial stage i.e. evidence of plaintiff - Amendment allowed...........
