Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of grounds of appeal or writ petition - Cannot be allowed after its disposal as it can lead to abuse of process of law and parties would not let the proceedings come to an end - However, in order to do complete justice between parties, matter needs to be remitted to lower appellate Court to decide it afresh as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Clerical and arithmetical errors, which have crept in plaint can be corrected even after passing of decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Filing of an affidavit in lieu of examination in chief of witness amounts to `commencement of proceeding'...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Power of Court to grant amendment is with limitation contained in proviso added to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought in the nature of clarification to pleas already taken in written statement in addition to legal pleas - No case of defendants that in spite of due diligence such pleas could not be taken before commencement of trial - All such facts were not only pre-existing but also well..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Amendment relates back to the date of filing of suit - Once amendment is allowed and is not challenged by defendants, then issue with regard to limitation has to be decided in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought on the basis of subsequent event i.e. subsequent transfer by gift during pendency of suit - Subsequent transferees prayed for adding them as parties to the proceeding in terms of O.1.R.10 CPC, does not debar the defendants, who are the transferees herein, to amend their..........
