Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Suit property sold during pendency of suit - Plaintiff by way of amendment, wants to bring said facts on record - Subsequent purchasers already impleaded as party to suit, therefore, averments relating to subsequent purchasers need to be part of plaint - Nature of suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At belated stage - Can be allowed, keeping open point of limitation to be decided at the time of final hearing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for enhancement of damages in relief clause - Suit for specific performance or damages - Application filed at the stage when suit was fixed for final arguments - An amendment application seeking reliefs which are not permissible in law cannot be allowed as amendments - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Written statement was filed in the year 1995, which was much before commencement Act of 2000, consequently amended provision of O.6.R.17 CPC would not be applicable - Trial Court not justified in rejecting application by applying amended provision of O.6.R.17 CPC - Even otherwise, amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application cannot be rejected merely on the ground of delay, however, long it may be, provided facts of case warrant allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
