Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Amendment in leave to defend application - Dismissal of application by trial Court - Subsequent events after leave to defend application - Time lapse between filling leave to defend and final adjudication of said application - In these matters, there are several..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea sought to be raised by way of amendment is totally inconsistent with original plea raised in the case - Trial Court should not have permitted defendants to raise such a plea by way of amendment after commencement of trial - Order allowing amendment application set aside...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment or stage of suit not the sole determining factors for consideration of application for amendment of pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistakes - Can be cured at any time - There is no limitation so long record supports without doubt the mistake committed by human error...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Application filed after commencement of trial - Order allowing amendment is not sustainable without there being a finding that in spite of due diligence, the party could not introduce amendment before commencement of trial - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief clause allowed to be amended - No occasion to grant fresh opportunity to lead evidence to defendant to the amended plaint and moreso no such right was asserted by defendant during pendency of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading - Correction/amendment of date of marriage - Such amendment is only formal in nature and should have been allowed by trial Court rather than forcing parties to come to High Court - Rules of procedure are made for advancing cause of justice and for scuttling it - Amendment allowed...........
