Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Plaint - Amendment - Once suit is time barred application for amendment is not maintainable - Application dismissed - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - S.113-A of Act came into existence by way of amendment since 26.12.1983 but as it is a matter of procedure and evidence so, it has retrospective operation - Presumption under the said section is thus available to cases where incident took place prior to 26.12.1983...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Discretionary power - Larger interest of litigants needs to be taken care of and discretionary power of amendment should be exercised in order to do full and complete justice - Court ought not to go into correctness or falsity of case in amendment - No finding needs to be recorded on merits of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of proposed amendment vis-a-vis the merits of proceedings cannot be gone into by Court dealing with application for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment sought to delete the words `individual capacity' and replace the same by words `capacity as partners' - Application also indicates that partnership firm was mortgaged by partners for raising loan and said amount was received on behalf of firm and not in their individual capacity - Words..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 6, Rule 17 - - Amendment of plaint - Amendment sought to substitute other land instead of suit land - By proposed amendment entire structure of suit, cause of action and relief gets changed - Such unwarranted amendment should not have been allowed - Impugned order of allowing amendment of plaint set aside - Since..........
