Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of proposed amendment cannot be gone into while considering application seeking amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise the matter before..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is mandatory for Court to allow all amendments which are necessary for the purpose of determining real controversy between parties - At the same time, Court is not obligated to go into correctness or falsity of case of either side in amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or rejecting prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Party can take inconsistent plea in amendment of written statement - Even amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that proposed amendment is a bona fide amendment and would enable the Court in pronouncing judgment in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement is to be more liberally construed than amendment in plaint...........
