Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17 CPC before first appellate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is still at initial stage, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed against a dead person - Amendment sought to implead son of defendant deceased - Amendment allowed by recording satisfaction as to bona fides of plaintiff in occurrence of mistake, keeping in mind the alacrity with which the plaintiff brought the amendment upon coming to know about true..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Amendment sought for incorporating a prayer to declare that conveyance made by defendant in favour of her daughter, who is not a party to suit, is a fraudulent transfer, intended to defeat the creditors - Suit filed by plaintiff is in her personal capacity - It is not a suit either filed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment can be declined when Court finds that plaintiff has not come to Court with clean hands; the character of the suit is changed; the amendment application is unusually belated; there is mala fide on the part of plaintiff; there is withdrawal of earlier admitted facts and the matter is covered by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when suit was pending at the stage of final arguments - Suit pending since 2009 - Amendment at such a belated stage, cannot be permitted - Order declining amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought to correct Khasra no. of suit property - Patwari wrongly supplied incorrect Khasra no. to plaintiff - Said explanation is absolutely plausible, as plaintiff has nothing to achieve by mentioning wrong khasra no. - Case is fixed for plaintiffs evidence - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c) -- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of..........
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..........
