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...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If prima facie statement made in application for amendment is not proved to be correct, then such disputed pleadings cannot be allowed to be inserted in pleadings by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Stage of litigation is one of the relevant factor for allowing or rejecting amendment in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While granting or rejecting amendment following principles are required to be taken: (i) whether proposed amendment is imperative for effective adjudication of matter; (ii) whether amendment is bona fide or mala fide; (iii) amendment should not cause such prejudice to opposite part which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Words `being joint Hindu Family Property' were inadvertently left in written statement - Said words were sought to be incorporated by way of amendment of written statement - Amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment sought to incorporate certain facts, which ought to be pleaded in written statement, have not been pleaded - However, facts sought to be added in pleadings are not such which were not known to defendant earlier - Amendment sought to be made by defendant is aimed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are owners of entire land -..........
