Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party cannot ordinarily be permitted to withdraw clear and categorical admissions made in pleadings, particularly when such admissions confer a valuable right upon opposite party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Application filed after closure of evidence of defendants and when matter was repeatedly listed for final arguments - Defendant failed to demonstrate what prevented him from filing documents in question earlier - Due diligence has neither been explained nor established - Application..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Defendant cannot be permitted to prolong litigation unnecessarily when case is fixed for final arguments - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay, in absence of prejudice, is not a valid ground for rejection, particularly when refusal would lead to multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required only to go through averments made in plaint while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-following of procedure while serving defendants is not a ground assigned for rejection of application U.O.7.R.11 CPC...........
