Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment to incorporate plea of family settlement allowed - After amendment is allowed, Court to frame a distinct issue on the validity and correctness of memorandum of family settlement and thereafter to allow parties to lead evidence on said issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Wilful admission - Denial of promissory note in the written statement cannot be treated as admission - Denial of execution of promissory note could not be such a statement coming within the purview of S.17 of Evidence Act - Amendment seeking inconsistent pleas without retracting wilful..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought will enable a comprehensive adjudication - There will be no change in nature of suit - Evidence yet to begin and trial is at initial stage only - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiff is contradictory in nature as compared to original plaint - Plaintiff by way of proposed amendments was making out a case which he should have made out in the first place while filing plaint and now suit was at the stage of taking of evidence - If amendment of plaint is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in affidavit of evidence - Affidavit of evidence is not pleadings - Amendment in such affidavit is not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application for additional evidence and amendment of plaint filed at first appellate stage - Both the applications interconnected and having direct nexus with one another - Both the applications be considered at the time of final hearing of appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
