Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment of memo of parties - Sole proprietorship firm - Suit filed in the name of sole proprietorship firm - Suit can only be filed by the sole proprietor by disclosing that he is carrying on business under the name and style of the sole proprietary firm - Trial Court dismissed the application - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Prayer for amendment of plaint and written statement stand on different footing and different yardsticks are applicable - As against the general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim, in the case of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Administration suit - Impleadment of appellants as parties to suit - Validity - In an administration suit there is no bar to a Court determining the validity of transactions allegedly entered into by or on behalf of the deceased, who dies intestate, whose Estate is to be administered and impleading..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff filed title suit taking plea in original plaint that their predecessors in interest was Bargadar of predecessor in interest of true owners - By way of proposed amendment in the plaint plaintiff wanted to raise the plea of advance possession - Held, that land even if adversely possessed by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Object of the rule is that Court should try merits of the case that come before them and should, consequently, allow all amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment suit for permanent injunction sought to be converted to a suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction petition - Death of plaintiff - Amendment sought by legal representatives on ground of personal necessity of widow - If suit by widow could be filed afresh then amendment of plaint is to be allowed - Order allowing amendment upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plea that no evidence would be led - Held, amendment cannot be allowed on this basis when amendment is sought at a belated stage and by proposed amendment an altogether new cause is to be introduced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Eviction from shop on ground of personal necessity - Amendment sought to add need of son - Bona fide need of dependents of a landlord is bona fide personal need of landlord himself - Landlord is at liberty to file a fresh suit on ground of necessity of his son - Amendment is to be allowed when landlord is..........
