Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or inconsistent with the original..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Even a friend of the plaintiff can file an application seeking amendment of the plaint so long as the plaintiff would not object for the said course...........
Civil Procedure Code, 1908, Order 22, Rule 2-A, 2-B -- as added by Punjab & Haryana High Court - Effect of 1976 Amendment - Concept of abatement of suit or legal proceedings - Lost its effective meaning - Does not substantially take away or give right to either parties to the proceedings. ( Para 7)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission, limitation as to - Admission by a party may be withdrawn or may be explained away but such amendment should not be destructive of original case pleaded by the party and must not cause serious prejudice to rights of other party in taking that party by surprise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought after two years of institution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court has discretion to order amendment, even if barred by limitation on the date of application, in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for divorce - Amendment sought for including alternative relief for annulment of marriage on ground of non-consummation - Averments in plaint supported said alternative plea - It cannot be said to be a new plea - Omission to take the plea in plaint by inadvertence is of no consequence - Order..........
Arbitration Act, 1940, Section 13, 29, U P Civil Laws (Reforms and Amendment) Act, 1976, Section 24 -- Interest at the rate of 15% from date of reference till date of award and 6% from date of award to date of actual payment awarded by Arbitrator - Award made rule of Court with direction that claimant would be entitled to get ordinary interest of 15% on award upto..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance of agreement to sell - During pendency of suit defendant suffered a decree in favour of `Ramesh Kumar & Ors.' - Amendment of plaint sought contending that the decree suffered by the defendant is not binding on him and also that the decree is hit by lis pendens and seeking to..........
