Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment application filed after evidence of PW2 - Case is now coming up for evidence of defendants - Reasons stated by defendant for not being able to take proposed amendment prior to commencement of trial is not sufficient to conclude that in spite of due diligence, defendant could not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Legal plea can and ought to be permitted to be raised at any stage of proceedings particularly when defendants are not prejudice in any manner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No new facts are being sought to be introduced by plaintiffs - Same appears to be by way of elaboration of already existing pleadings in the plaint - Proposed amendment appears to be just and necessary for a fair and complete adjudication of all the disputes raised between parties - It would not cause..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
