Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at the stage when arguments were heard in part - Amendment declined merely on the ground of delay - Court below should have adjudicated the amendment keeping in view the fact as to whether amendment is necessary to decide real question in controversy and also whether proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with an amendment application Court should not go into merit of claim made in proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking out pleadings - Amendment of plaint - Written statement to the amended plaint - Plaintiff failed to show how the amended reply/written statement was inconsistent with the previous reply/written submission - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
