Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and amendment of pleadings - Single application is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow amendment in the pleadings in a liberal manner where a case is at a preliminary stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application U.O.6.R.17 CPC can be filed even at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Arguments partly heard - That itself not sufficient to deny an opportunity to defendants to amend the pleadings. ( Para 12)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Earlier plaintiff sought amendment of plaint which was allowed - At the time of final arguments defendant realised that there was requirement to amend the written statement - Perusal of proposed amendment proves that these amendments in the written statement are necessary consequences of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Time barred claim - Amendments which do not introduce a new claim for first time after expiry of period of limitation can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Non pleading that inspite of due diligence amendment sought could not be pleaded before commencement of trial - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........