Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Contention that advocate who was appearing for them earlier did not incorporate entire material in main written statement and also by way of amendment - No due diligence was shown by petitioner - Attempt of petitioner appears to be to prolong trial as it was possible for them to have raised..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application filed after commencement of trial/framing of issues - No cogent explanation is forth coming on record, as to why application for amendment of written statement was not filed before commencement of trial - Held, proviso to O.6.R.17 of CPC points that no application for amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - After commencement of trial - Amendment can be allowed after commencement of trial if Court comes to conclusion that despite due diligence, parties could not raise matter before commencement of trial - It is in this sense that power to amend the pleadings is wide and such power of Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Court is conferred with wide discretion to allow alteration and amendments of pleadings at any stage of the proceedings if it is of the view that such amendment would be necessary for determining the real question in controversy between parties - Proviso to O.6.R.17 CPC provides that no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed after commencement of trial when Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Plaint - Amendment - Amendment sought before commencement of trial, if necessary for determining the real controversy, should be allowed liberally - If amendment is sought after commencement of trial, party seeking amendment has to satisfy Court that inspite of due diligence he could not raise the matter before..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 2, Rule 2 -- Amendment of plaint - Permissibility - Suit for permanent injunction to put restraint on defendant from alienating suit land in face of agreement to sell allegedly executed by defendant in favour of plaintiff - Plaintiff by way of proposed amendment, sought to seek relief..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - U.O.6.R.17 proviso CPC no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence, the matter could not be raised before the commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court can allow either party to amend his pleadings in such manner and on such terms which are found to be just to the Court if the amendment is necessary for the purpose of determining the real questions in controversy between the parties - However, no such application for amendment shall be allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be allowed merely for the reason that plaintiff has no objection in allowing the amendment subject to payment of costs - Proviso to O.6.R.17 CPC lay down that amendment of pleadings cannot be allowed after commencement of trial unless Court comes to the conclusion that in spite of due..........
