Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Before decision of this application, plaintiff filed application for amendment of plaint - Application for amendment of plaint has to be decided first before deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - In appropriate cases, parties are permitted to amend their pleadings at any stage not only during pendency of trial but also at the first and second appellate stage with the leave of the Court provided amendment proposed is bona fide, relevant and necessary for deciding the rights of parties..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical errors - Pre-trial amendment - Courts are liberal in allowing pre-trial amendment, as suit is filed by plaintiff by paying necessary Court fee and he cannot be deprived of his right to amend the plaint at his choice - Moreover, no prejudice will be caused to parties by allowing said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Liberal view is to be taken in case of amendment so long it does not change or alter nature of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused to tenants if amendment is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Eviction petition - Application for amendment was filed whereby an effort was made to wriggle out of admission which had come out in cross examination - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - By virtue of amendment, party cannot be allowed to get out of his admission and amendment should be bonafide in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - To introduce counter claim - Counter claim exceeding pecuniary limit of Court - Counter claim, rightly held, not maintainable...........
