Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Description of property - Amendment sought at the stage of arguments when opposite party pointed out the mistake in the suit schedule property - Affidavit of Advocate that it was typographical mistake - No reason to disbelieve the affidavit of Advocate - Amendment sought bona fide and justified -..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Amendment of plaint - At execution stage - Amendment of boundaries - Amendment of plaint sought consequent to report of bailiff in execution that boundaries mentioned in schedule annexed to the decree do not tally with those found on physical inspection - An application for amendment of plaint, even after passing..........
Criminal Procedure Code, 1973, Section 438, 482 -- Inherent powers - Exercise of - Petitioner sought to expunge word `absconder' from charge-sheet - He was charged u/ss 381, 411 IPC for stealing away some valuable articles from godown of informant - Petitioner was under protective umbrella of S.438 by getting anticipatory bail - Non-communication of order granting bail to..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for declaration as to right, title and owner of immovable property - Plaintiff is bound to give description of suit property including boundaries thereof and cannot suppress market value of suit property for the purposes of valuation of suit for the purposes of jurisdiction of Court and also the payment of the Court fees...........
Civil Procedure Code, 1908, Section 47, 152 -- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely inadvertent error of typing - Such error..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Description of suit property sought to be changed by changing the number which has been incorrectly mentioned in the suit - Documents on record wherein the property is described - Amendment sought does not amount to introducing a totally new property - Amendment allowed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - An additional written statement, which answers the description of further pleading can be filed, mostly, to deal with a specific situation that has taken place after the pleadings in a suit are complete - Strong and acceptable reasons are needed to enable a party to file additional written..........
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Inadequate description of suit property - Effect - Held, if it is found in suit that plaintiff did not describe an item of immovable property, which is subject-matter of suit, as provided U.O.7.R.3 CPC, he can be permitted to seek necessary amendment - At..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff sought minor correction in name of defendant - Not a case where serious discrepancy existed as to description of person - Notice directly reached defendant and he did not raise any objection stating that he is not addressee - He did not object for other particulars such as father's name,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Two minor defendants sued as majors - Amendment sought to correct their age and to sue them through their mother - Only an error in the description was sought to be corrected - Amendment allowed - Since by now both the defendants must have become major, accordingly, in the amendment only their ages as on..........
