Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere addition of prayer comes in category of formal amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - O.2.R.2 CPC cannot apply to an amendment which is sought on an existing suit - Plea of amendment being barred U.O.2.R.2 CPC is thus, misconceived and hence negatived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Inherent mistake - Amendment sought involving inherent mistake after 15 days restriction of filing election dispute - Impermissible in law - Order allowing amendment set aside...........
