Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Suit is at the stage of cross-examination of PW1 - Amendment sought to seek possession of suit property - However, no reasons stated in affidavit accompanying application with regard to due diligence and why plaintiffs could not bring amendment earlier - Plaintiffs..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dealing with cases of amendment in plaint and written statement are different and Courts should be liberal in case of amendment sought in written statement but with a proviso that no application for amendment shall be allowed after the trial has commenced, unless Court comes to conclusion that in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial of suit not yet commenced - O.6.R.17 Proviso CPC would not come in the way of Court to consider application for amendment, even if application was filed 8 years after filing of suit...........
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 - In the instant case, plaintiffs have satisfied that despite of due diligence they could not raise matter of acquisition of two houses in vacant state by defendants before trial Court - Hence, conditions provided under proviso to O.6.R.17 CPC is satisfied by plaintiffs - No illegality in order allowing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
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..........
