Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amended pleading filed without showing any distinction between un-amended and amended portion - Court must ensures that once prayer for amendment is allowed, original pleading should incorporate changes made in different ink or with use of highlighter or by underlying in red which is shown distinctly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Civil Procedure Code, 1908, Section 115 -- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall within the purview of S.115 CPC as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Due diligence - Scope and effect of proviso - Commencement of trial - Held, application for amendment of pleadings can be entertained even after commencement of trial - It must be shown by party that inspite of due diligence he could not raise matter of amendment before commencement of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Accident claim petition - Amendment of - Amendment sought for by respondents-claimants was that the word "motorcycle" in place of "rickshaw" at item No.27 of claim petition be substituted and word "Nahi" at para No.10 of same be deleted - Amendments were allowed by trial court - Legality of - Held, amendment has altogether..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical mistake - Amendment sought for, appears to be typographical mistake and does not give rise to any further issues - Typographical mistakes cannot be declined merely on ground of delay which could be compensated with costs - Amendments/corrections are based on revenue record which cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1955, Section 25B,15 -- Eviction petition - Delhi Rent Control Rules 1959, R. 23 - Leave to defend - Amendment - Amendments sought were of facts which were already known to petitioner - Facts were all pre-existing i.e. existing at the time when application for leave to defend was filed - Held, if such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Most of the proposed amendments to introduce subsequent events and remaining part merely clarificatory in nature - Proposed amendments whether necessary to decide the suit can only be decided when parties lead evidence - Judge not justified to refuse the amendment on the ground that such facts were to the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Applicability of the amending provision - Amending provision coming into force on 2.10.2001 - All cases, in which trial had concluded and appeals were pending on 2.10.2001, when amending act came into force, the amendments introduced by the amending Act would not be applicable and case has to be disposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Court is conferred with wide discretion to allow alteration and amendments of pleadings at any stage of the proceedings if it is of the view that such amendment would be necessary for determining the real question in controversy between parties - Proviso to O.6.R.17 CPC provides that no..........
