Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Post trial amendment can be allowed under proviso to O.6.R.17 CPC, if Court comes to conclusion that inspite of due diligence party could not raise matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proviso to O.6.R.17 CPC, is in a mandatory form - Jurisdiction of Court to allow an application for amendment after trial had commenced is taken away unless conditions precedent thereof are satisfied viz. Court must come to conclusion that in spite of due diligence the party could not raise the matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - `After commencement of trial' - Due diligence - Neither plaintiff filed affidavit by way of evidence nor examined any witness - Trial cannot be said to have commenced merely because matter was fixed for evidence - Hence, no question of due diligence while deciding amendment application does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after framing of issues - Amendment sought for seeking Will to be declared as null and void - Plaintiff came to know about factum of Will only when it was filed by defendant at the stage of evidence in proceedings under Rent Control Act and thereafter he obtained certified copy and filed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment to challenge an order which was in existence before filing suit - Said fact was well within knowledge of petitioner right from the beginning - Trial has certainly commenced - Petitioner should have pleaded this fact before commencement of trial only - Application filed at belated stage..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Perusal of record reveals that plaintiff had no knowledge of acquisition of land in question before commencement of trial - Amendment sought as soon as knowledge gained - Amendment necessary for just decision of case and to shorten litigation - No malafide intention -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application can be allowed only if the party satisfies the court that despite the due diligence he could not raise the matter before commencement of the trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Immediately after the demarcation report, the prayed for amendment which cannot be held as delayed - No prejudice is going to be caused to Respondent as the evidence is yet to be started in the matter...........
