Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Erroneous admission - Satisfactorily explained - Defendant not to adduce any evidence on account of amendment - Court should be liberal in granting amendment of written statement - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Title claimed on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession as well - Only additional plea sought to be taken - Amendment allowed - Plaintiff given right to file replication to the amended written statement - Court to frame an additional issue on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea of adverse possession - Plea based on agreement of sale and adverse possession are mutually inconsistent and the latter does not begin to operate unless former is renounced - Written statement cannot be permitted to be amended to make pleas inconsistent with pleas made in the original..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Plea of fraud sought to be introduced by way of amendment - Delay - By itself not a ground to refuse amendment - If the alleged fraud committed by plaintiff comes to the notice of defendant at a belated stage then defendant cannot be deprived of his right against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea of ownership on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession from date of sale deed - A new plea sought to be set up on facts already pleaded - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Can only be allowed to be withdrawn if it is proved that same was made under some misconception or was erroneous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought as to change portion let out to respondent - No explanation that admission, regarding building in possession, made earlier was under any misconception or erroneous - Impugned order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission already made which gave certain rights to the plaintiff cannot be allowed to be withdrawn - Amendment of written statement can only be allowed to the extent when it further elaborates an admission or stand taken by defendant...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Additional evidence and amendment of written statement - Permission sought for - Defendant coming to know about the will during pendency of appeal - No delay or negligence attributable to the defendant - Amendment allowed - Case remanded for decision afresh on that..........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
