Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Constitution of India, 1950, Article 19, 368(2) -- Entry 44 List I - Constitution (Ninety Seventh Amendment) Act, 2011, Part IXB - Procedural infirmity - Amendment added `cooperative societies' to protected forms of association u/art. 19(1)(c) of Constitution elevating it to a fundamental right and also inserting Part IXB of Constitution Amendment Act laying down terms to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Plaintiffs by way of second amendment application sought to introduce and elaborate further facts within four corners of amended plaint - Amendment sought introducing new cause of action were only in the nature of elaborating pleadings already existing after first amendment - However,..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application for additional evidence and amendment of plaint filed at first appellate stage - Both the applications interconnected and having direct nexus with one another - Both the applications be considered at the time of final hearing of appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to incorporate counter claim - Merits of counter claim cannot be decided at the stage of considering application for amendment and will be decided at appropriate stage - Plaintiff will be free to raise all such objections in his written statement to counter claim and also by filing appropriate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment of plaint to modify shares of plaintiff sought during pendency of suit for final decree of partition of share of plaintiff - Court has jurisdiction to amend share of parties suitably if a preliminary decree has been passed in view of changed circumstances/changed law -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After passing of preliminary decree in partition suit, is maintainable, since suit is not terminated and proceedings are continuous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Electricity Act, 2003, Section 81, Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 -- Regn.9.2.1 - Electricity - Reduction of sanctioned load - Respondent applied several times for enhancement of electricity load by agreements - Application for reduction of load was rejected on the ground that application was filed before expiry..........
