Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Proviso to O.6.R.17 CPC obligates the person applying to plead and prove that in spite of due diligence he could not bring the aspect covered by such amendment to the consideration of the Court earlier - Such ingredient or contingency of due diligence is a sine qua non for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where issues have been framed before filing of amendment application admittedly proviso to O.6.R.17 CPC comes into picture and it would have to be seen if condition specified in proviso is satisfied by petitioner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When cause of action for amendment arose during pendency of suit, proposed amendment ought to be granted and bar U.O.6.R.17 for seeking amendment of pleadings after commencement of trial and requirement of due diligence under the proviso thereto would not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial has been pending for last so many years - It is still at the stage of plaintiffs' evidence - Held, amendment in plaint would be barred in view of proviso to O.6.R.17 CPC - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - First appellate Court dismissed amendment application on the ground that plaintiffs got knowledge about the relevant facts long prior to filing of suit and they cannot seek amendment now - Challenge thereto - Held, by virtue of taking place of subsequent events, necessary amendment can be..........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Held, trial in a civil suit commences from the date of filing of affidavits in lieu of the examination in chief of the witnesses and the proviso to O.6.R.17 of the Code will come into play only after stage of filing of affidavits in lieu of examination in chief of witnesses...........
Civil Procedure Code, 1908, Order 6 -- Proviso - Plaint - Amendment - Sought after commencement of trial - It cannot be said that plaintiff could not seek proposed amendment of plaint before commencement of trial even if plaintiff had exercised due diligence - Held, proposed amendment cannot be allowed in view of proviso to O.6.R.17 CPC - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no application for amendment shall be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Addition of new prayer on the basis of pleadings already present in plaint - On basis of pleadings which are already available in plaint, a new prayer has been sought to be allowed and that relief is not apparently barred by law of limitation - Moreover, unless said relief is incorporated,..........
