Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Correction of khasra number can be effected if there is no dispute of identity of suit property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Hindu Marriage Act, 1955, Section 11, 12 -- Void and voidable marriage - Grounds of S.12 of the Act are different from grounds as given in S.11 of the Act - Mere fact that petition u/s 12 of the Act is changed to S.11 of the Act by amendment, petition u/s 11 of the Act cannot be considered as per provisions of S.12 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Bonafide amendment can be allowed, at any stage of the suit - Amendments which are necessary for determination of real question in controversy can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court while considering application for amendment of written statement not obligated to go into correctness and falsity of the case of parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To be liberally construed and has to be treated on different pedestal than that of amendment of plaint - In case of amendment of written statement, defendant is entitled to take inconsistent pleas and in appropriate cases, even admission made on earlier occasion, can be allowed to be withdrawn..........
