Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Permissibility - Trial already commenced and case fixed for plaintiff's evidence - Proposed amendment amounts to withdrawal of admission made in favour of other party which is not legally permissible - Amendment declined - Order upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to incorporate the fact that tenant does not deny the relationship of landlord and tenant which she earlier denied in her written statement - Landlord has no objection to the said amendment, but only that this is to delay the proceedings - However, tenant..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition with liberty to file a fresh one - Technical defects - No factual averments made in support of the fact that there are some factual defects in the pleadings - In the absence of any factual averments to that effect and merely at the asking of applicant, same cannot be accepted by Court as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Joint written statement of four defendants - One defendant seeking amendment of joint written statement without obtaining consent of others - One of the defendants objected to the proposed amendment - Dismissal of application - Order upheld...........
Hindu Law -- Ancestral property - Alienation by last coparcener - Validity - Hindu male having four daughters and had no male issue - He after marrying his daughters, was living with one of his daughter `G' - Hindu male devolved suit land to his daughter `G' before amendment of S.6 of Hindu Succession Act - He being last coparcener, was competent to alienate the same and..........
Insurance Act, 1938, Section 38 -- As it was prior to amendment in 2015 - Insurance policy - Freely tradable and assignable - Life Insurance policies are freely transferable and assignable in accordance with the provisions of Insurance Act - However, S.38 of Insurance Act gives insurer the discretion to decide whether or not to accept a transfer or assignment of an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought with a view to introducing a new cause of action claiming specific performance of another agreement entered into subsequently - Distinct causes of action in both the agreements - Proposed amendment cannot be said to be just for the purpose of determining..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - If there is any prejudice to opponent by allowing an amendment, even at belated stage of suit then prejudice of such party can be met with cost...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Paramount consideration in considering the amendment application is as to whether amendment sought is relevant for the purpose just consideration of suit or not...........
