Limitation Act, 1963, Section 18, Insolvency and Bankruptcy Code, 2016, Section 238A -- (As enacted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, w.e.f. 06.06.2018 - Applicability of S.18 of Limitation Act to the Code - S.18 of Limitation Act is applicable to I & B Code...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the boundaries of suit properties - Boundaries of suit property mistakenly shown in schedule of property and ad interim injunction obtained on said basis - Amendment sought by plaintiff will introduce a fresh cause of action - Defendant will suffer irreparable loss by proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Trial in the civil suit commences from date of filing of affidavits in lieu of examination-in-chief of witnesses - Therefore, O.6.R.17 Proviso CPC comes into play only after filing of such of affidavits in lieu of examination-in-chief of witnesses...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Explanation IV - Landlord seeking amendment at appellate stage - Subsequent event should not and ought not be prevented to come on record...........
Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(1), (3)(4) -- Eviction - First forum in respect of eviction would be Deputy Commissioner/District Magistrate - However, challenge to the order of Deputy Commissioner/DM would lie before Divisional Commissioner...........
