Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Plaintiff already examined in chief his three witnesses - Defendant moved application for amendment of written statement to add facts that plaintiff was involved in a corruption case and was sentenced to imprisonment - Held, trial commenced as soon as issues are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pedigree earlier admitted - Same denied through amendment - Defendant cannot be permitted to resile from the admission - Amendment application rejected...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 17 -- Accident - Claim petition - Amendment of written statement at appellate stage - Original record pertaining to registration and transfer of vehicle not available - Amendment necessary because of subsequent event - Amendment allowed in appeal on payment of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Fact within knowledge at the stage of pendency of suit in the trial Court - Cannot be introduced by way of amendment during pendency of appeal...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Appeal cannot be decided without deciding the interlocutory application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Courts are liberal in allowing an amendment to the written statement as it does not involve effacing an admission or had no bearing on the law of limitation - It would only be appropriate to allow such an amendment so that there is proper basis on which the Court would render..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Can be explained by amendment even by taking inconsistent pleas or substituting or altering defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment of plaint and amendment of written statement are not governed by exactly the same principle - Adding a new ground of defence or substituting or altering a defence does not raise the same problem as adding, altering, substituting a new cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Courts are more liberal in allowing an amendment of a written statement than that of a plaint - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement can also be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - If sought after commencement of trial then it can be allowed only when Court comes to the conclusion that the same could not be brought on record before commencement of trial inspite of due diligence...........
