Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical error - Amendment sought from `Desi Ghee (Milk products)' to `milk' - Amendment sought when examination-in-chief of complainant had concluded and cross examination was pending - Considering stage of trial no prejudice will be caused to accused - Actual facts have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - By way of amendment Memorandum of Partition (Panchnama) is being sought to be challenged - Said Panchnama has become time barred considering knowledge of plaintiff - Written statement has been filed in the year 2009 and thereafter, for more than 12 years petitioner did not take any steps..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two successive applications for amendment were filed - Application filed earlier was dismissed as not pressed and exactly similar application has been filed without mentioning about earlier application or reasons for withdrawal of earlier application and filing of subsequent application - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has not withdrawn any admission by proposed amendment nor has prayed for any new relief - Explanation sought to be added by proposed amendment is necessary for deciding real controversy between parties - Plaintiff has satisfactorily explained the delay in filing amendment application - No..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amended plaint - To be strictly in accordance with permission granted by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
