Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Coparcenary property - For claim of equal share in ancestral property as per Amendment Act of 2005, coparcener property must be in existence on the date of amendment i.e 9.9.2005...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of double amount of cheque amount - Complaint was instituted in 2013 while amendment to S.143-A of the Act was introduced in 2018 - Unless it is expressly provided, retrospective application of provision is not permissible - Order to deposit 20% of double amount of cheque amount..........
