Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments can be refused where other party cannot be placed in the same position as if pleading had been originally correct, but amendment would cause him an injury which could not be compensated in costs and power to allow an amendment is wide and may at any stage be appropriately exercised in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought clarificatory in nature and does not make out a new case or insert any new relief - Question of limitation thus, not arise - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only for claiming an additional relief on the basis of already existing averments - No new facts are sought to be introduced - Contention of defendant that relief sought by way of amendment is barred by limitation which can be decided at appropriate stage - Amendment application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of plaint when introducing a new claim, which would be barred by limitation, cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
