Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the belated stage - If amendment is necessary for deciding the real controversy between parties and for arriving at a just conclusion, such amendment can be allowed even at a later stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of evidence of plaintiffs - Amendment sought would not cause prejudice to other said - Proposed amendment is necessary for the purpose of determination of real controversy between parties - Moreover, if amendment is not allowed it will lead to unnecessary multiplicity of litigation -..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Effect of amendment - Alienation of property prior to amendment - Any alienation made prior thereto cannot be invalidated as provision of S.6 of the Act post the amendment have been held to be retrospective...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Typographical error - Admission in written statement cannot be withdrawn on the ground of typographical error...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Cannot be allowed to be added through amendment in written statement - It should be independent of the pleading of amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought was nothing but clarificatory in respect of what defendant had already pleaded in written statement - Application allowed. `..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment of year of cheque - Year of cheque wrongly mentioned in notice, complaint and in evidence recorded - In a complaint of dishonour of cheque date is a relevant aspect based on which entire aspect relating to issue of notice within time frame as provided in the Act and..........