Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 Proviso CPC to some extent curtails absolute discretion to allow amendment at any stage - Therefore, only a formal order of allowing amendment was required, which would not have caused any prejudice to party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground for filing an application of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of right accrued to defendant in the light of admission made in written statement cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Facts sought to be produced by way of amendment was well within knowledge of defendant on the date of filing of suit - There is absolute lack of due diligence on the part of defendant - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of amended written statement - Typographical mistake of figures in the amended written statement - Defendant permitted to carry out proposed amendment as per his application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
