Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In normal circumstances, amendment of pleading shall be done before commencement of the trial and it is only when the Court is convinced that such an application for amendment could not be filed before commencement of trial, then it may permit the parties to amend the pleadings at any stage thereafter...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - To introduce counter claim against co-defendants - Held, counter claim against co-defendant cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Two suits consolidated - One decreed and other dismissed - Appeal against both - Amendment of plaint and written statement sought in appeal - Delay of more than 10 years for which no explanation whatsoever put forward - Appellate Court allowed amendment both of plaint as well as written statement -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Electricity connection - For running stone crusher - Commercial activity - Disconnection of supply for non - payment of electricity bill - Complaint before District Forum - The electricity connection has been taken by the petitioner for running a stone crusher which was a commercial activity meant to generate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Proposed amendment clearly amounts to withdrawal of admission made in the written statement - Cannot be allowed - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - Eviction suit - By way of amendment additional relief of declaration sought in respect of earlier ex parte decree passed in favour of predecessor of respondent/tenant declaring suit property as "Thika property" - Predecessors of petitioners were parties to said proceeding - Said decree..........
Civil Procedure Code, 1908, Section 115(As - - Merger - Decision of an appeal or revision - Revisional jurisdiction - Held, a judicial order passed by trial Court merges in the order passed by appellate or revisional court - After merger, the decision arising out of original suit vanishes - Decision of appeal or revision brings into existence a case which can properly be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be allowed merely for the reason that plaintiff has no objection in allowing the amendment subject to payment of costs - Proviso to O.6.R.17 CPC lay down that amendment of pleadings cannot be allowed after commencement of trial unless Court comes to the conclusion that in spite of due..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for possession - Amendment of plaint seeking relief of damages - Relief of damages flows from same cause of action - Amendment of plaint allowed to incorporate relief of damages to avoid multiplicity of proceedings...........
