Civil Procedure Code, 1908, Order 6, Rule 17, Motor Vehicles Act, 1988, Section 173 -- Appeal - Amendment of claim petition - Maintainability - Decree in favour of petitioners as per claim - In appeal amendment of claim petition sought enhancing the compensation from Rs.1,00,000/- to Rs.2 lakhs - Held, there is no right of appeal against decree as they are not aggrieved by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Supreme Court Rules, 1966, Order 26, Rule 8 -- Amendment of pleadings - Averment in original plaint that exercise of power by Central Government by passing Notifications under S.88(3) and 58(4) of MPR Act was arbitrary, unjust and unfair and had resulted in serious anomalies in apportionment of assets and liabilities -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - An amendment of plaint or written statement, which is necessary for proper decision of the case, can be allowed at any stage of the proceedings unless it is shown that some prejudice or serious injustice is going to be caused to the opposite side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Written statement - Amendment - After commencement of trial - Court may allow an amendment even after the commencement of trial if it comes to the conclusion that in spite of due diligence, party seeking amendment could not have raised the matter before the commencement of the trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Proviso to O.6.R.17 CPC is not applicable in respect of an amendment sought for before settlement of issues...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Merits of amendment can not be gone into at the stage of considering the amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- No specific reply in written statement to the averments set up in plaint to the effect that who had received payment of amount of compensation - Replying defendants are coming up with specific plea that aforesaid amounts were in fact received by some another person in his personal capacity and his such act does not bind the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Specific admission - Application for amendment - Held, amendment which totally takes back admission earlier made cannot be permitted simply for the reason that it amounts to a vested right having been created in favour of plaintiff...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- As amended by Amendment Act of 2002 - Production of documents - Belated production - No specific plea by respondents that those documents were misplaced - Respondents have not also pleaded that despite their due diligence, documents could not be traced - Held, respondents failed to furnish proper and sufficient reasons for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief of re-payment of advance consideration received by vendor sought by vendees by way of amendment of plaint before commencement of trial - Held, seeking alternative relief of re-payment of advance consideration..........
