Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Can be sought at any stage of proceedings if the same is required for arriving at a just decision...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Amendment reflect that only substitution sought is introduction of rent agreement showing that property leased to father of tenant by grandfather of husband of tenant - Amendment sought does not change nature of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - S.152 CPC is based on two principles: (i) act of Court should not prejudice any party and (ii) Courts have a duty to see that their records are true and represent correct state of affairs...........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - Power u/s 152 CPC is not power of review - Omission which is sought to be corrected if goes to merits of case is beyond the scope of S.152 CPC - It cannot modify, alter or add to terms of its original judgment, decree or order...........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint - Civil Court can permit an amendment of plaint to enable a proper description of plaintiffs to appear in it in order to assist Court in determining real question or issue between parties invoking jurisdiction u/s 153 CPC...........
Civil Procedure Code, 1908, Section 152 -- Correction of error - Not an addition or substitution of a party but merely clarifies and makes apparent what was previously shrouded in obscurity by reason of error or mistake provided mistake was bona fide - Such an amendment therefore, shall not attract provisions of S.21(1) of limitation Act...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Execution proceedings - Ss.152, 153 CPC empower Executing Court to allow amendment of cause title in execution proceedings...........
