Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of pleadings - Eviction suit - Cause of action for eviction on new ground, which is intended to be incorporated by way of amendment has arisen after filing of Rent Control Petition - Said ground cannot be allowed to be incorporated by way of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate subsequent event whereby landlord agreed to sell the property in question in favour of tenant/defendant - However, agreement not signed by landlord on the basis of which amendment is sought - Amendment as such on the basis of alleged..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Trust filed eviction petition through Managing Director through power of attorney holder - Amendment sought whereby power of attorney holder claiming that he was the landlord independently - Amendment sought after seven years of filing of petition and when petition was pending for tenants..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of State as party - Notice u/s 80 CPC not issued to State - Proposed amendment is entirely new cause of action - It is based on events, which took place after filing of plaint - It amounts to fresh case - If new cause of action is introduced,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn subsequently - Application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Sought on the basis of arguments raised - Cannot be allowed because during course of arguments there can always be many hypothesis built on the proven facts of a case and if amendments are allowed only on the basis of arguments raised, then proceedings can never be brought to its logical conclusion and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Normally Court should be liberal while granting amendments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed - Suit based on title remains..........
