Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question of amendment of the pleadings should be considered in such a manner as to enable the courts in determining the real question in controversy between the parties - Amendment of changes the nature of the case or it takes away the admission already made or it causes substantial prejudice to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition at appellate stage - subsequent events - Eviction petition on ground of bona fide requirement - Held, subsequent events, if any, can always be pleaded and taken into consideration by the authorities under Rent Act. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(3)(a)(i)...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Discretion exercised by lower court in allowing amendment - Revision against - Neither any serious injustice nor any irreparable loss is likely to be caused to the applicants by allowing the amendment - Exercise of jurisdiction by court below was neither with any illegality nor with material irregularity -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution application - Amendment - No bar for amending the execution application at any stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application filed after 7 years - Suit for partition - Proposed amendment to change the nature of suit to a suit for declaration of title as also a further declaration that the sale deed in favour of defendant is void and illegal - Both the parties are purchasers from the co-sharers of the same family -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiffs' prayer to amend in order to enlarge his share - Nature of suit not changed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Eviction petition against one L.R. only of deceased statutory tenant - Amendment of plaint to implead all the legal representatives - as the statutory tenancy is heritable as such the remaining legal representatives may resist delivery of possession in case eviction order is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement sought after a lapse of seven years - Delay - A factor to be explained by the party seeking amendment - If the court is satisfied then in a given case the amendment be allowed not otherwise...........
Criminal Procedure Code, 1973, Section 126(2) -- Proviso - Ex parte maintenance order - Setting aside - Limitation - Starting point - Limitation to be computed from the date of order and not from the date of knowledge of the order - Amendment to the proviso suggested in view of the divergent opinions of different High Courts...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to add certain khasra numbers - objection action in written statement about a year prior to the filing of amendment application - Delay can be compensated with costs - Amendment allowed...........
