Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - After commencement of trial - Trial commences from the date of filing of affidavit in lieu of evidence of witnesses and application seeking amendment in plaint after filing of said affidavit would be governed by O.6.R.17 proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Civil Procedure Code, 1908, Section 97, 151 -- Preliminary decree - Amendment of - Provision of S.97 CPC does not bar application for amendment of a decree, in case it necessitates to do justice between parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Title suit - If plaintiffs failed to seek amendment in their plaint during pendency of title suit, they could not be allowed to seek amendment in their plaint at belated appellate stage - Moreover, when there was no prayer for confirmation of possession, plea of dispossession during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Law of amendment in case of written statement is much liberal as compared to amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proceedings under Motor Vehicle Act - Proposed amendment was to incorporate a preliminary objection based upon factual assertions - Once petitioner has shown stand taken before Consumer Court, prior to filing of written statement, it cannot be said that proposed amendment is improvement in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where the issues had not been framed at the date of filing of application, O.6.R.17 Proviso CPC would not apply ...........
