Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 6 -- Summoning of record - Application filed by defendant lacks bona fides and same has been filed only to protract proceedings - Trial Court after elaborate consideration of matter and referring to all relevant facts and circumstances rejected application - No error apparent on face of record - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Amendment deserves to be allowed where correction of mistake is sought, as liberal approach has to be adopted in such like cases...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to bring on record certain documents claiming that same are relevant for adjudication of suit - However, proposed amendment would introduce a new fact in the pleadings which was in no way concerned with real question in controversy and adding the same in the pleadings would cause..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea that plaintiff will not suffer any prejudice - Plaintiff has already led his evidence - Plaintiff is likely to suffer prejudice - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Impleadment of a party - Consequential amendment in the plaint/cause title can be made - For such consequential amendment in the body of suit/cause title, no formal application U.6.R.17 CPC is required...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - When fraud is alleged, the same is required to be pleaded and established by leading evidence - Mere allegation that there was fraud is not sufficient...........
