Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment was contradictory to stand taken by plaintiffs in the plaint - Amendment would cause prejudice to defendants which cannot be compensated in costs - More so, it would displace existing cause of action - Amendment is thus, not necessary - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once allowed and taken on record, reengaging with the same fact by taking subsequent events of change would be futile attempt which caused unnecessary delay in litigation, same cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order under challenge is in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of Cheque numbers - Accused admitted in his examination u/s 313 Cr.P.C qua actual cheques with corrected numbers - Bank records and trial testimony also supports assertion that incorrect typing of cheque numbers in legal notice was a bona fide error that was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - Evidence yet to start - No mala fide in seeking amendment and same not inconsistent with the case set up - Order allowing amendment upheld - Defendant may file rejoinder to the replication, if he so desires...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In an application U.O.7.R.11 CPC plaintiff was granted time to make payment of deficient Court fee - Plaintiff sought amendment of plaint qua Court fees and jurisdiction of Court - Trial Court held that case of plaintiff did not fall in any of carved out exceptions in S.7 of Court Fees Act and rejected..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
