Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Post trial amendment can be allowed under proviso to O.6.R.17 CPC, if Court comes to conclusion that inspite of due diligence party could not raise matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In the instant case, plaintiffs have satisfied that despite of due diligence they could not raise matter of acquisition of two houses in vacant state by defendants before trial Court - Hence, conditions provided under proviso to O.6.R.17 CPC is satisfied by plaintiffs - No illegality in order allowing..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to consider cause shown by defendant and pass final orders - If decision is in favour of defendant, an order U.O.38.R.6(2) CPC has to be passed - If conclusion is against defendant, an order of nature U.O.38.R.6(1) CPC should follow - At any rate, there is no legal basis for order..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Suit property sold during pendency of suit - Plaintiff by way of amendment, wants to bring said facts on record - Subsequent purchasers already impleaded as party to suit, therefore, averments relating to subsequent purchasers need to be part of plaint - Nature of suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At belated stage - Can be allowed, keeping open point of limitation to be decided at the time of final hearing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
