Civil Procedure Code, 1908, Order 7, Rule 17 -- Proviso - Proviso to O.7.R.17 CPC prevents application for amendment of pleadings from being allowed after trial has commenced unless Court come to conclusion that in spite of due diligence party could not have raised matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Fact disclosed to previous counsel but he did not incorporate the same in written statement - Reason disclosed for not incorporating the plea in written statement before commencement of trial does not fall under the exception carved out under proviso to O.6.R.17 CPC - Order rejecting..........
Constitution of India, 1950, Article 311(2) -- Removal from service - Requirement of second show cause notice of proposed punishment is omitted by 42nd Amendment to Art.311 of Constitution - There is thus, no necessity of communicating proposed punishment which was specifically contemplated by Art.311(2) of Constitution prior to Amendment to Art.311 of Constitution -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Second application for amendment - More than one application for amendment is maintainable if circumstances so warrant...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to explain mode of adverse possession - On plea of adverse possession, already taken, an issue was also framed - Allowing amendment will not affect the right of plaintiff - Amendment allowed...........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A) -- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere no, resulting of prejudice cannot form a ground for allowing amendment as and when sought for - Petitioners have to a lay foundation for allowing such an amendment...........
