Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Keeping in view amendment sought in written statement and previous litigation more particularly process of Court which ultimately resulted in decree for specific performance and execution of sale deed in execution of said decree, High Court is of considered opinion that amendment of written..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of written statement - Appeal was at instance of plaintiff - Defendant could not moved application u/O.7.R.11 CPC because at that stage petitioner had no ground to move such application as same was subject matter of some evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amendment of written statement are different then amendment of plaint - Amendment of written statement is to be liberally construed - Keeping in view the fair stand of defendant, amendment in written statement by introducing some paragraphs in preliminary objection, in a suit..........
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1 -- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
Punjab State Cooperative Supply and Marketing Federation -- Disciplinary Proceedings - Power to impose major penalty on Field Assistant is vested with Administrative Committee - In absence of Administrative Committee, power should have been delegated by making an amendment to regulation to Administrative - In absence of delegation of power to Administrator to act as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - `After commencement of trial' - Due diligence - Neither plaintiff filed affidavit by way of evidence nor examined any witness - Trial cannot be said to have commenced merely because matter was fixed for evidence - Hence, no question of due diligence while deciding amendment application does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint Additional facts - Facts sought to be brought on record necessary for complete adjudication of dispute between parties - There is no change in relief sought - Nature of suit not changed - Amendment allowed...........
Hindu Succession Act, 1956, Section 23(Omitted -- (Omitted by Amendment Act 2005) - Hindu Succession (Amendment) Act, 2005, came into force during pendency of second appeal - Benefit of amendment Act is available to plaintiffs, as second appeal is continuation of suit...........
Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........
