Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Held, it is well settled position of law that when amendment to the pleadings is allowed, the same is related back to the date of filing of the original pleadings, be it plaint or written statement, except in a case, where the amendment sought for is relatable to the law of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - An amendment ought to have been allowed if it does not change the nature of the suit nor intends to add a claim which is barred by limitation nor takes away claim of other party nor amounts to a fresh cause of action nor otherwise prejudice the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - There is no absolute rule that in every case where a relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on the facts and circumstances of the case...........
Jammu and Kashmir Criminal Procedure Code, 1989 -- Relief barred because of limitation - Amendment of plaint - Held, there is no absolute rule that in every case where relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on facts and circumstances of the case - Jurisdiction to allow or not to allow an amendment being..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief - Plaintiff is seeking by way of amendment of plaint, alternative relief of compensation in case Court were to come to the conclusion that relief of specific performance could not be granted - Court below while..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Claim barred by limitation - Factors to be taken into account - Held, normally a plaintiff cannot be permitted to amend plaint by adding a fresh claim or relief if on the date when application for amendment is moved that claim or relief is barred by law of limitation - When a claim gets time barred a..........
Limitation Act, 1963, Section 22 -- Amendment of plaint - Money suit filed against transport companies - Only Managers and Branch Managers impleaded as defendants leaving establishments - Amendment sought after three years from filing the suit to implead transport companies as co-defendants - Held, claim is barred by time - However, trial Court allowed amendment directing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - Amendment seeking relief of specific performance after 11 years of filing of suit - Amendment allowed - Relief of specific performance was available on the date of filing of suit but was not claimed - Held, relief claimed by way of amendment when barred by law of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Relief clause - Essential facts already stated in plaint - Amendment not to be refused on the ground of limitation as it is a question of fact which can be decided after framing a necessary issue - At the stage of consideration of application for amendment, such question cannot be adjudicated - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65 -- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached..........
