Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Subsequent events i.e payments made on four different occasions is intended to be brought on record by way of amendment - It will not change nature of suit, as it is nothing but continuation of cause of action that arose on date of filing of suit - No prejudice will be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Trial not yet commenced - Order allowing amendment cannot be interfered on the ground that amendment is barred by limitation and could not have been allowed - Since opportunity to file amended written statement to the amended plaint was not granted, the same is hereby allowed and that..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on the basis of alleged..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment shall not be entertained to bring..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Dispossession after filing of suit - Amendment sought after a delay of more than one year eight months of the subsequent event - No reason for said delay - Moreover, there is no prayer for possession and if plaintiff is dispossessed after filing of suit, he is having a separate cause..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought that bona fide requirement of landlord became extinct on account of subsequent event, as landlord purchased a residential plot and already constructed two story building on it - However, premises in question required for commercial purposes - Requirement for..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908 -- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such..........
