Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff permitted to file an application for amendment to bring on record certain pleadings which was already there in main plaint - Only by way of further elaboration or explanation, if some paragraphs have been permitted to be made in plaint, no error can be said to have been committed by trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 6 -- Rent - Notice by landlord to increase the rent - Demand of rent beyond agreed rent is not permissible...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
