Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment regarding an earlier agreement in favour of plaintiff's wife - Non-reference to earlier agreement in the name of plaintiff's wife has no material value and would not cause any prejudice to defendant - Amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so, amendments sought run contrary to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in making application is not a sole ground for refusal of amendment - Court at this stage cannot go into truth and falsity and maintainability of suit - Merits and demerits of case are not to be examined at the stage of deciding amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not to be discussed at this stage..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Eviction petition on ground of bonafide necessity - Subsequent event that son of landlord joined service for whose necessity eviction was sought - Plea of landlord that joining of service by son is merely a temporary stop gap arrangement and is necessary to earn livelihood -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for filing fresh suit regarding..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Not a word indicated in application that in spite of due diligence the matter could not be raised before commencement of trial - Rejection of application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to enhance alternative relief claimed in the suit from Rs.3.50 to 18.00 lacs - Plaintiff failed to indicate any reason whatsoever necessitating filing of amendment application as required by O.6.R.17 Proviso CPC - Nothing on record to show that in spite of due diligence plaintiff could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought for introducing entirely different case by alleging that plaintiff is in possession of suit property though in original plaint, said fact was not pleaded - By way of amendment, plaintiff seeks to withdraw admission already made - Plaintiff cannot be permitted to..........
