Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at the preliminary stage - Application for amendment filed at the very inception - Reliefs as prayed for pertain to same property and parties to dispute are also same - As regarding objection of non-serving of notice in terms of S.304 of Rajasthan municipalities Act, same can be raised by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Sought at the fag end of trial - Amendments qua which fresh evidence would be required to be led, cannot be permitted in law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment application want to change the entire nature of suit from recovery suit to one for mandatory injunction - Amendment if allowed at this stage would amount to a de novo trial which cannot be permitted in law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merely because plaintiff wants to introduce certain pleas by way of an amendment in the plaint, which the defendant has set up in his written statement, will not be a valid ground for rejecting the prayer for amendment of plaint, particularly when no prejudice is going to be caused to defendant by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought, is not going to change the nature of suit and no prejudice is going to be caused to other side by allowing the prayer for amendment - Amendment sought is necessary for determining the real question in controversy, therefore, with a view to avoid multiplicity of suit, amendment sought by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of written statement - Amendment sought prior to settlement of issues - Proposed amendment mentioned plots lying in between two Survey plots - This would not even amount to introducing any new fact or causing prejudice to plaintiffs or could not be said to be malafide - Rather, amendment sought by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing the amendment...........
