Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate some important facts which defendant failed to mention in written statement - However, said facts were in knowledge of defendant even prior to filing of written statement - Trial of case already commenced and matter is listed for further evidence of plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Negligence in pleadings cannot be considered to be an inherent lacuna in prosecution case - Application for amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment to incorporate factum of dispossession - Sought after 26 years of dispossession - Reason for delay not explained - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Deficiency in written statement came to knowledge of defendant only when newly engaged counsel was required to prepare affidavit of defendant to be submitted in evidence before Court - There is nothing to show any lack of diligence on part of defendant - Even, no prejudice would be caused to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Typographical mistake apparent on face of record - Can be corrected by way of an amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Suit for specific performance - Amendment sought to change the date of agreement, amount as well as the area - Plaintiff unable to show as to why said typographical mistakes not corrected at the time when first amendment application was filed - Plaintiff cannot be allowed to carry..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent developments - Amendment sought to incorporate subsequent developments - Since denial of amendment would lead to multiplicity of proceedings, application for amendment rightly allowed...........
