Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- As inserted by Amendment Act 1976 - Written statement by plaintiff in answer to counter-claim - Competent - Can be filed within such period as may be fixed by Court - Rules relating to a written statement by a defendant applicable to a written statement filed by plaintiff in answer to counterclaim -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Amendment to plead application of Section 15(2) Punjab Pre-emption Act vis a-vis shares of female vendors and also to clarify in plaint that plaintiff son of husband's brother of certain vendors and brother's son of another vendor - Relationship which plaintiff wants to bring out in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - A party to litigation cannot be allowed to set up absolutely a different case by way of amendment of pleadings - Plaintiffs took up plea that decree obtained by collusion - Amendment of replication to set up plea of fraud - Both pleas contradictory to each other - Amendment not to be allowed...........
Civil Procedure Code, 1908, Section 115 -- Objection that revision should not be allowed as defendant-petitioner did not suffer any injury on account of amendment - Amendment of replication allowed when case fixed for arguments - Plea now sought to be taken contradictory to plea taken by plaintiffs earlier - Cannot be said that defendant-petitioner will not suffer any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Amendment sought in description of vendees - Should be allowed - Misdescription of a party without involving any affectation to merits of case - Cannot be refused unless misdescription deliberate or misleading to achieve a particular purpose...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Vendor in pre-emption case not a necessary party though a proper party - Amendment to implead vendor even beyond period of limitation - Should be allowed...........
Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint a second time in a suit for recovery of earnest money and damages for no, performance of agreement of sale - Amendment to add that plaintiff were always and are still ready and willing to perform their part of agreement and addition of relief of specific performance of agreement of sale when limitation for..........
Punjab Co-operative Societies Act, 1961, Section 13(8), 13(9), 13(10), 13(11), 13(12) -- As in Punjab State - Power to pass order of amalgamation of Co-operative Societies - Assistant Registrar competent - Notification before Amendment of Act authorising Assistant Registrar of Co-operative Societies to exercise all powers of Registrar under the Act - Fresh notification..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Pre-emptors claiming superior right of pre-emption as sons of female vendor and brothers of other vendor - Amendment of plaint after expiry of period of limitation seeking to add that female vendor succeeded to her share through her husband i. e. inherited it from her husband - Cannot..........
