Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only for claiming an additional relief on the basis of already existing averments - No new facts are sought to be introduced - Contention of defendant that relief sought by way of amendment is barred by limitation which can be decided at appropriate stage - Amendment application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought is merely explanatory and clarificatory in nature which has no effect of altering nature of suit - Trial Court allowed amendment holding that amendment sought was imperative for just decision of the case on merits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If by way of amendment the very rights of defendant which had accrued to him are being prejudiced then amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No amendment can be allowed in the pleadings if nature of plaint or nature of defence case is altogether changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of arguments - Proposed amendment if allowed would change very nature of plaint and very source of title which plaintiffs have averred to have been derived this property in suit - Amendment sought also being very vague and general in nature, as no date of sale deed and particulars thereof is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
