Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Civil Procedure Code, 1908, Order 6, Rule 17, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Amendment of plaint - Eviction petition - Landlord seeking eviction of tenant from shop in dispute to set up his son in business who has completed his BBA - By amendment landlord sought to add that son landlord `yet to complete his education' of BBA - Whether..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - During course of leading evidence, petitioner examined himself as one of his witnesses and was also cross examined - Such cross examination revealed certain lacunas in petitioner`s case particularly with regard to vagueness in case set up by petitioner regarding identification..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of divorce petition - Amendment sought to incorporate additional ground of adultery - Divorce petition on the ground of cruelty already sought by husband - If some facts relating to seeking divorce additionally come into knowledge of husband, same can always be brought on record by moving application or amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 17 -- Unamended pleadings - Do not loose its significance after amendment of pleadings - Original pleadings and statements given in evidence before amendment of pleadings has to be looked into and considered by Courts while deciding the case - Admission made in the unamended written statement can be used by Court unless it..........
