Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings may unnecessarily lead to..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Can be granted only when defendant raises genuine triable issues and not when defence raised is frivolous and vexatious...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither changes character and nature of suit nor does it introduce any fresh ground - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151 -- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought to introduce word `not' in the lines which read that partition of the land is with the consent of co-sharers - Application dismissed due to lack of expression "despite due diligence" - Held, mere technicalities should not come in the way of parties seeking relief..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of boundaries - This shows that plaintiff was not aware of the boundaries over which he seek to declare his right at the time of filing suit - Plaintiff is required to be definite of his case in every aspect - Order declining amendment, calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation sought by way of amendment - Amendment application rejected by Court below only on ground that question of limitation is purely a legal plea and Court is duty bound to consider the same even otherwise - Further, Court below observed that only material facts has to be pleaded..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which ought to have been made, could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
