Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment seeking relief of possession in anticipation that plaintiff could be dispossessed by defendant - No cause of action accrues in favour of plaintiff - Order rejecting application calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant sought amendment of written statement by raising counter claim for partition of properties standing in the name of plaintiffs - No material whatsoever was placed to show existence of such property and in view of inconsistent pleas taken by defendant about property in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to add some properties in addition to already made by plaintiff - Third party to suit, without being impleaded cannot seek partition of different properties from that of properties sought by plaintiff - It is nothing but changing very nature of suit - If she has any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought seeking relief of mandatory injunction - Issues have been framed but trial has not commenced so far - Amendment sought is within imitation - Application allowed with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Plaintiff by way of amendment wanted to bring on record all subsequent events - No reason to hold that attempt of plaintiff to bring such amendment suffers from malafides - Even no prejudice is caused to defendant if proposed amendment is permitted - Proposed amendment infact would..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Maintainability - Punjab Rent (Amendment) Act came into force in 29.8.2014 - Rent petition filed under 1949 Act is maintainable, particularly when it was filed before 29.8.2014...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Failure to file - Plaintiff not allowed to file amended plaint as plaintiff did not pay cost imposed while allowing amendment of plaint - Cost imposed was waived off by Apex Court - Dismissal of application filed by defendant U.O.6.R.18 CPC calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change date of agreement to sell from 10.09.2013 to 11.09.2013 - Inadvertent typographical error - Amendment of inadvertent mistake on the part of a party or its counsel while drafting, should not be refused - If amendment is allowed, no material prejudice will be caused to any of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when suit was fixed for rebuttal and arguments - Delay of five years in seeking amendment - Plaintiff failed to explain due diligence - Application for amendment rejected...........
