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...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Shop demolished after filing of suit - Shop whether demolished prior to filing of suit or demolished after filing of suit has to be determined and amendment cannot be declined on the assumption that shop stood demolished before filing of suit - Amendment allowed - Order..........
