Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Courts should try merits of case that come before them and should consequently allow all amendments that may be necessary for determining the real question in controversy between parties provided it does not cause injustice or prejudice to other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendments are allowed more liberally than those which are sought to be made after commencement of trial or after conclusion thereof...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Evidence either ocular or documentary cannot travel beyond pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court is not expected to delve into merits of proposed amendment while considering application - True test is that amendment must be relevant and necessary to effectively adjudicate upon controversy between parties - One of consideration is to avoid multiplicity of proceeding for allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Petitioner has sought amendment to bring on record certain particulars regarding transactions which is subject matter of suit - Proposed amendment are certain events that took place during pendency of suit - Truthfulness of contentions of proposed amendment need not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after a delay of 7 years from filing of written statement - No new fact is going to be pleaded and amendment if allowed would not change the nature of defence raised by defendant - Application allowed subject to payment of costs of Rs.30,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment of pleadings Court is not required to adjudicate upon plea proposed to be incorporated and is primarily required to consider as to whether amendments are necessary for determining real question in controversy...........
