Rent and Eviction -- Reasonable and bonafide requirement - Landlord required shop to start business - Death of landlord at trial stage - Court allowed the legal heirs to amend the plaint and plead their own requirement - Contention that Court wrongly allowed the amendment - 13 years passed since then- Supreme Court not allowed to raise this point in exercise of discretion..........
Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No amendment of plaint can be allowed if because of lapse of time some right has vested in the other party and the effect of allowing amendment would tantamount to taking away of that right - Allowing such amendment cannot be compensated for by costs - No amendment of plaint can be allowed to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in 1999 to introduce plea of tenancy in pre-emption suit filed in 1989 - For pre-empting sale limitation is one year - Plaintiffs claim to pre-empt sale became barred by time long ago - Order declining amendment - Upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - `Registered Society' sought to be substituted in place of `Trust' and further to delete word `President' as used for Col.Magh Singh - Defendant has not filed written statement as yet - If amendment is allowed it will not cause injustice to defendant - Trial Court allowed amendment - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration of right and title in respect of property - Amendment sought to claim relief of recovery of possession and payment of mesne profits - No new claim or cause of action is sought to be introduced - Amendment sought is in the nature of consequential relief to same cause of action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Cash credit facility granted - Different accounts opened relating to one and same transaction - Bank filing suit for recovery on basis of two accounts - By amendment of plaint two more accounts sought to be added - All accounts relating to one and same transaction - No change in nature of suit - No new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case fixed for orders - Held, if it is necessary for the purpose of determining the real question in controversy then it can be allowed before or at or after the trial or even after judgment or in appeal, it can be allowed even before delivery of judgment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By way of amendment defendant wants to contend that there was no public street whereas originally he has set up the case that he has not encroached upon any public street - Defendant is not merely explaining an admission but is intended to completely displace the plaintiff - This is a..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
