Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought at belated stage i.e after closing of plaintiff's evidence - By itself not a ground to decline it particularly when amendment is necessary for determining real controversy between parties and which does not change the basic nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Written statement - Amendment - To incorporate plea of adverse possession - Plea of adverse possession by way of counter claim is not permissible...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas are added in written statement and not beyond that...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by limitation - Though plaintiff can file..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of description of plaint schedule property by way of insertion of Survey Number and Patta Number - Amendment sought after commencement of trial - Due diligence on the part of plaintiff is absence - In the absence of such a statutory mandate, application filed by plaintiff is not maintainable -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of pleadings - Amendment beyond limitation should not be allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for determining real issues in..........
