Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment or stage of suit not the sole determining factors for consideration of application for amendment of pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistakes - Can be cured at any time - There is no limitation so long record supports without doubt the mistake committed by human error...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Application filed after commencement of trial - Order allowing amendment is not sustainable without there being a finding that in spite of due diligence, the party could not introduce amendment before commencement of trial - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief clause allowed to be amended - No occasion to grant fresh opportunity to lead evidence to defendant to the amended plaint and moreso no such right was asserted by defendant during pendency of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading - Correction/amendment of date of marriage - Such amendment is only formal in nature and should have been allowed by trial Court rather than forcing parties to come to High Court - Rules of procedure are made for advancing cause of justice and for scuttling it - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Does not ipso facto result in unamended pleadings having gone off the record - Unamended pleadings are very much part of the Court file...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of defendant that previous written statement cannot be seen by Court once amended written statement has been permitted to be filed - Held, not tenable as previous written statement filed does not get wiped of the record after amendment has been allowed...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Claimants contended that since there is amendment to 2nd Schedule of the Act, they are entitled to fixed amount of Rs.5 lakhs as compensation - However accident took place in the year 2006 and award passed by Tribunal in 2009 - Even order passed by High Court was much prior to amendment in..........
