Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate existing defence - Allowing amendment would not amount to withdrawal of an admission contained in the written statement - Amendment would cause no prejudice to the plaintiff - Order allowing amendment by trial Court restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Enquiring merits of amendment is impermissible - Allowing amendment is not dependent on whether case which is proposed to be set up will eventually succeed at the trial...........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - New cause of action - By way of amendment plaintiff wants to introduce a totally new cause of action and claim a relief which has no connection whatsoever with the prayer made in the suit - Plaintiff completely wants to change the facts and introduce a new cause which cannot be permitted - Application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Trial commences when date is fixed for leading evidence by plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Application filed after case was fixed for leading evidence by plaintiff but before evidence was led by plaintiff - Evidence led subsequent to the filing of amendment application - Held, it cannot be held that amendment application filed by plaintiff could not be considered due to bar of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment - Not to be considered at this stage - The only issue which has to be considered is whether amendment application filed by plaintiff deserves to be allowed or not...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Can be considered only after considering evidence led by the parties...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 11(9) -- Rent control petition - Maintainability - Arrears of rent - In the instant case, respondent/tenant seeks amendment to objection so as to incorporate pleadings challenging maintainability of rent control petition u/s 11(9) of the Act - Requirement u/s 12 of the Act being condition precedent to contest..........
Rent and Eviction -- Eviction petition - Petition was maintainable when filed - Bar created by subsequent amendment - Proceedings initiated prior to amendment not affected by subsequent amendment...........
