Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Tenant paid the rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Leave of Court to produce said documents at hearing of suit - No cause given for belated filing of documents - Application is nothing but a ruse to delay the proceedings - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought when suit reached the stage of defendant's evidence - Merely, under the pretext that defendant did not have documents handy at the time of filing the written statement, he can not claim any right to amend the written statement, at such a belated stage, particularly when trial..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3) -- Application for taking documents on record - Suit for declaration and permanent injunction - Document sought to be brought on record was wholly unrelated to suit - Further, it was filed by a stranger and that too at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at belated stage, is vague - Such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
