Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However, if additional prayer is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Not a ground to refuse amendment if amendment is sought prior to commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Withdrawing an admission cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Error of counsel - Observation of Court that an error of counsel would furnish a ground to a party to seek amendment of pleadings, cannot be accepted as it would allow parties to circumvent O.6.R.17 Proviso CPC by throwing the blame always on the counsel who originally drafted pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - When amendment does not alter the basic structure of suit but only seeks to add alternate plea and addition to facts already on record, amendment can be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(2) - - Amendment of plaint - As per S.22(2) Proviso of Specific Relief Act, if plaintiff has not claimed any relief in plaint, Court may at any stage of proceedings allow the plaintiff to amend the plaint on such terms as may be just for including such relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit already allowed - Amendment if..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become..........
