Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Written statement - Amendment sought at appellate stage - Application allowed and case remanded for decision afresh - Not open to Appellate Court to have done so without deciding appeal on merits and without reversing decree appealed against - O.41.Rr.23, 23-A violated and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional plaint - Subsequent to filing of written statement - Can only be filed when amendment of plaint is allowed and not otherwise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission - Amendment sought to delete some words as wrong facts were pleaded by counsel of plaintiff who initially filed the suit - After change of counsel when plaintiff came to know the facts of case, he filed the application for amendment - Application filed at initial stage - Issues..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Even if a party has weak case on merits, amendment sought cannot be refused on this sole reason...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to make inconsistent pleas already taken in joint written statement by adding some paras to original written statement and by withdrawing admissions already made - As far as admissions already made in original written statement, same cannot be allowed to be..........
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..........
