Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought during pendency of appeal - Amendment cannot be denied on the sole ground that the same was belated when defendants very well knew about case of plaintiff and was not taken by surprise - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of application U.O.21.R.97 CPC - Correct of address of J.D. - Amendment sought is formal in nature, which does not change nature of defence - Amendment rightly allowed...........
Specific Relief Act, 1963, Section 10 -- (As amended) - Specific performance - Court after amendment of S.10 of the Act is obliged to enforce specific performance of a contract subject to provisions of S.11(2), 14, 16 of the Act - Relief of specific performance of contract is no longer discretionary after amendment...........
Arbitration and Conciliation Act, 1996, Section 48 -- (as amended) - Enforcement of Foreign award - Proceedings for enforcement were filed by respondents/claimants prior to 2016 Amendment having come into force on 23.10.15 - Amended S.48 of the Act thus, would not be applicable to proceedings in question...........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, petitioners have denied averment in original application as to applicant no.3 being unemployed in their reply - Even if the applicant no.3 has been employed with bank, regular or contractual..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend rough sketch and plan annexed with the plaint on the basis of Advocate Commissioner's report - Without filing objection to the Commissioner's report plaintiff cannot straight away seek amendment of plaint based on the Commissioner's report...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Amendment of Affidavit filed in an interlocutory application in a suit - An interlocutory application is a miscellaneous proceeding and S.141 CPC permits the `procedure' in regard to suit to be applied to such interlocutory application as well - When pleadings can be amended..........
Agreement to sell -- Specific performance - Readiness and willingness - Amendment to plea regarding readiness and willingness granted at appellate stage if lacks bona fides on plaintiff's part, same cannot be proved in accordance with requirements of S.16(c) of Specific Relief Act - Relief of specific performance not granted to plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court not to determine issues of fact, while deciding application for amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
