Civil Procedure Code, 1908, Section 115 -- As amended by Act 104 of 1976 - Scope of revisional jurisdiction of High Court extended - Amended Section 115 capable of being given distinct and different interpretation than the interpretation which Section 115 was capable prior to amendment - Purohit's case AIR 1953 Rajasthan 137 and Mangal's case AIR 1957 Rajasthan 68..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - Amendment as such will not be allowed - However, if the facts are the same, an alternative relief flows from the same, the Court can in the interest of justice and totality of facts may or may not allow the amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that plaintiff is tenant under defendant over suit land - Amendment to incorporate that the tenancy in respect of the suit land was executed in writing through Patta - Amendment merely seeks to clarify the nature of the tenancy and how the same was executed - Order of lower Court..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28 -- Reference Court has no power to amend decree to award enhanced statutory benefits under Amendment Act 68 of 1984 - Sections 151 and 152 Civil Procedure Code cannot be invoked for award of additional benefits - Civil Procedure Code, Sections 151 and 152...........
Civil Procedure Code, 1908, Section 153A -- Application to correct mistake in Khewat and Khasra numbers in the judgment and decree - Relief being sought against property - Nature and character of suit will not change by virtue of amendment - Only relief being sought to correct mistake in Khewat and Khasra numbers - No question of limitation arises...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7A(1)(ii), 22, 32NN -- Relevant date for evaluating land of any person - 30.10.1956 i.e. land owned by a person immediately before commencement of Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956 - Land acquired after such commencement i.e. 30.10.1956 - Evaluation to be made on the date of such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - All amendments necessary to determine the questions in controversy have to be allowed - Duty of the Court is to determine the rights of the parties and not to punish them for the mistakes, if any - Some of the exceptions are : If the application filed is mala fide, withdraws the admissions made without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Objection of highly belated - Not tenable as order to be challenged crept into record on the basis of testimony of defendant - Amendment necessary to determine question in controversy - Allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments necessary to determine questions in controversy have to be allowed - Duty of Court to determine rights of parties and not to punish them for the mistakes, if any - Amendment to be disallowed when - (1) application filed mala fide, (2) withdraws admissions made without explaining them,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - All averments revealing readiness and willingness of plaintiff to perform his part of contract - Specific averment as required by statute not made - Permission for amending plaint to incorporate averment granted when defendant pointed out its absence as..........
