Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant has not come to Court with clean hands and ground taken by him to justify his delayed application for amendment is falsified from the record of suit - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Earlier application for amendment moved by tenant has already been rejected - Present application is filed seeking similar amendment - Case is at the stage of hearing - High Court already directed Court below to finalize proceedings of case within 6 months - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment does not constitute an addition of a new case, but amounts to no more than adding to facts already on record, amendment would be allowed even after statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When there is an arguable question whether new relief claimed by plaintiff by way of amendment of plaint is barred by limitation, amendment can be allowed after saving question of limitation to be agitated and adjudicated in trial of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Suit for declaration and permanent injunction - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit, would not change nature of suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - Even if there is delay in seeking amendment, Court has to consider certain other aspects also, viz. (1) Whether amendment sought is imperative for proper and effective adjudication of the case - Real controversy test is the basic or cardinal test in deciding whether the amendment is to be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Application for amendment of plaint pending - Application for amendment of plaint be decided prior to deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder or non-description of suit land is not a formal defect - Such defects can be cured by filing an application for impleadment of parties or by way of amendment of plaint - Application rightly dismissed...........
