Civil Procedure Code, 1908, Rule 1, Rule 8(2) -- Representative suit - When plaint is amended adding additional reliefs or by adding additional properties, or when there is substantial change in nature and character of suit by amendment - It is mandatory that there should be a further compliance of requirement U.O.1.R.8(2) CPC for the amended plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and permanent injunction - Amendment sought was within knowledge of plaintiff even prior to filing of suit - Amendment if allowed would materially change nature of suit - Amendment rightly, rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After conclusion of plaintiff's evidence - Suit for declaration - Amendment sought for elaboration of facts and description of suit property - Defining property in terms of its number would not change nature of suit, nor suit property would be changed by any necessary implication - Furthermore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If necessary factual basis for amendment is already contained in the plaint, relief newly sought on the said basis would not change the nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally inconsistent with plea..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While granting or rejecting amendment following principles are required to be taken: (i) whether proposed amendment is imperative for effective adjudication of matter; (ii) whether amendment is bona fide or mala fide; (iii) amendment should not cause such prejudice to opposite part which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither changes character and nature of suit nor does it introduce any fresh ground - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which ought to have been made, could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
