Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Can be withdrawn by way of amendment, if it is shown that the admission earlier made was patently erroneous and based on assumed facts...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By way of amendment defendant wants to contend that there was no public street whereas originally he has set up the case that he has not encroached upon any public street - Defendant is not merely explaining an admission but is intended to completely displace the plaintiff - This is a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that prior agreement stood cancelled, revoked and superseded by subsequent agreement - Amendment cannot be allowed as defendant cannot be permitted thereby to withdraw earlier admission of due execution of prior agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal - Amendment can be permitted only when the same does not substantially introduce a new case for defendant in contradiction with his original defence and when the plaintiff's interest would not be put to any serious jeopardy - Where right has accrued to other party on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal - Admission made by mistake - Admission made cannot be allowed to be withdrawn particularly when it takes the vested right of the other party - However, if an admission is shown to be erroneous, it can be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement seeking to withdraw admission - Admission, if explained or shown to be erroneous - Can be withdrawn - If inadvertently incorrect fact mentioned in pleadings - Interest of justice require that amendment should be allowed - Admission made erroneously can be explained away or withdrawn by amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration challenging Will - Defendant in written statement claiming property on the basis of Will - Written statement mentions another person to be owner of property - Ex facie appears to be wrong - Amendment seeking to withdraw admission by mistake in written statement -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal - If an admission made in the pleadings is shown to be erroneous, it can be permitted to be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Date of agreement to sell sought to be changed - Mistake caused due to carelessness - No new case set up nor any admission is being retracted - Suit at initial stage - Amendment necessary for deciding real controversy - Amendment allowed...........
