Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
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 - Amendment sought by tenant on the ground that landlord along with his wife who had died 4-5 years back was owner of property as per sale deed and tenant had been paying rent in name of wife..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4 -- Amendment of written statement - L.R's of deceased defendant cannot amend written statement and raise a plea which his predecessor failed to raise till trial commenced, unless it is shown that in spite of due diligence deceased defendant or his L.R's could not bring on record the..........
Mines and Minerals (Development and Regulation) Act, 1957, Section 15, Bihar Minor Mineral Concession (Amendment) Rules, 2007, Rule 26 -- Mines and mineral - Rate of royalty - in the instant, respondents were fully aware of amended rate of royalty at Rs.100/- per cubic meter for minerals extracted by them - Reasoning of High Court that respondents might not have passed on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Earlier application was dismissed as not pressed - Fresh application for amendment not barred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At belated stage - Amendment sought will certainly change the basis of suit and will cause serious prejudice to defendant as defendant has already opened his cards - Plaintiff has no explanation for delay in moving amendment application - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Pre-trial amendments which address real controversy between parties in suit are not to be disallowed ordinarily, because it prevents multiplicity of suits, unless it seriously prejudices interest of other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering amendment application Court is not required to address merits of plea sought to be incorporated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
