Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Amendment sought cannot be rejected merely because same had not pleaded in subsequent connected suit, unless same prejudices...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on basis of previous judicial proceedings - It is a matter of public record - Rejection of such amendment may amount to hyper-technicality - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought that defendant has forcibly erected pole and laid wires on it - Amendment sought after five years of coming to know of erecting pole and laying wires on it - Delay in seeking amendment not explained - Amendment not permissible at this belated stage and moreover amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in nature of suit - Amendment not to be declined when dismissal of application for amendment would lead to multiplicity of litigation and it will result in failure of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in nature of suit - Suit for permanent injunction - Defendant asserting his right on the basis of Will - Amendment of plaint sought so as to challenge the Will - Challenge to Will is incidental and not otherwise barred by law - If fresh suit for same cause is permissible then there is no reason to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought would have the effect of changing very nature of case - Court committed no fault in rejecting application for amendment - No interference warranted in impugned order...........
