Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Case fixed for arguments - Amendment sought at that stage - Defendant claiming a right or relief on the basis of the same facts which have already been stated in complete elaboration in the original written statement - Defendant only trying to elucidate the facts with the purpose of taking a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at stage when case was fixed for arguments - Plaintiff filed a suit for possession - Plea of defendant that plaintiff has no locus standi to file the suit as the defendant is in possession of the suit land for about 30 years - Amendment sought that defendant is owner by way of adverse..........
Punjab Municipal Act, 1911, Section 16(1)(b), 22 -- Removal from Presidentship and Membership of Municipal Council - Challenge on the ground that order violative of principles of natural justice - Show cause notice issued, reply filed, thereafter oral hearing given, even counsel heard and written arguments filed - Principles of natural justice fully complied with...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed inspite of repeated adjournments - Suit proceeded without written statement - Plaintiff examined himself and proved documents - After arguments case adjourned for judgment - On that date defendant applied for recalling the plaintiff for cross-examiantion and another application on 5.3.1998 for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - In the original written statement claim of defendant was that she is owner in possession on the basis of a gift - When the case was fixed for arguments amendment of written statement sought to take a plea that the property was ancestral and coparcenary in the hands of her father and she..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit mature for arguments after parties led their respective evidence - Amendment will change nature of defence and will re-open case from first stage - Will mean re-trial of case by ignoring evidence already led - Order declining amendment - Upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Case fixed for arguments - In the written statement plea set up was that defendants are the sons of one `B.D.' - Amendment sought to set up the plea based on will which was duly registered and in terms of the said will claim made that they have inherited the property being the sons of `B.D.' -..........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement not filed - Judgment to be passed only after recording of plaintiffs evidence - Defendants is entitled to cross examine the plaintiff's witnesses and can address arguments on the basis of plaintiffs case - Defendant is not entitled to lead any evidence of his own...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- At the stage of rebuttal & arguments amendment of written statement sought that tenancy starts on 10th and not on Ist of the month - no explanation given as to why this plea not taken earlier - plea not necessary for determining the real question of controversy - application filed to delay the proceedings - amendment not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in preemption suit - Pre-emption sought on ground of being vendor's father's sister's son - Relationship denied in written statement - Amendment (at the stage of plaintiff's evidence in rebuttal and arguments) seeking to claim pre-emption on the bans of father's brother's son - Cannot be allowed when..........
