Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on the ground of an event which happened before filing of suit, cannot by any stretch of imagination be termed as due diligence, particularly when trial of case has commenced - Amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from allowing the opposite party to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant not required to spell out in the application as to what prejudice would be caused if amendment is not allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Merely because trial Court may proceed to decide application of plaintiffs U.O.12.R.6 CPC, that may not be reason for not allowing proposed amendment to written statement, particularly when amendment sought to elaborate certain facts and to bring about more clarity in pleading..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Can be allowed where purpose of proposed amendment is to elaborate defence and to take additional pleas in support of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant can take inconsistent pleas in written statement although same may not be permitted in case of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Amendment of plaint - Abandonment of suit against defendant No.5 - Plaintiff has right to abandon his suit or part of his claim against all or any of defendants - Trial Court allowed application - Plaintiff will be precluded from bringing any fresh suit against petitioner in..........
