Agreement to sell -- Specific performance - Limitation - Suit for injunction filed when suit for specific performance could have been filed - By way of amendment of plaint suit was transformed into a suit for specific performance - Such amendment operates from the date the application for amendment was allowed - When by such date suit for specific performance is barred..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Defendant raised construction during pendency of suit - Relief of mandatory injunction sought - Earlier similar application was filed in trial Court which was dismissed and that order was not assailed independently - Application for amendment filed in the trial Court and application..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Specific Relief Act, 1963, Section 40 -- Amendment to include relief of damages - Suit for permanent injunction against defendants for withholding goods purchased - Goods sold - Application u/s 40(2) for amendment to include relief of damages - Relief of inunction originally claimed cannot be granted for the reason that the goods have already been sold - If plaintiff can..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Relief of partition and declaration sought by way of amendment of plaint when suit was pending for evidence of defendant - No reason as to why such prayer not added at the time of filing of suit or prior to commencement of trial - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - By amendment sought to be converted to a suit for possession - Plaintiff was well aware of the facts which are sought to be incorporated in the plaint by way of amendment - Amendment will completely change the nature of suit from mandatory injunction to that of possession -..........
