Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Can be sought at any stage of the proceedings for the purpose of determining real question in controversy - Courts have to be liberal in accepting the same, if same is made prior to commencement of trial - Amendment if sought after commencement of trial, Court has to arrive at a conclusion that in..........
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 - Typographical error - Suit for permanent injunction - Amendment sought to correct the year of tenancy - Suit is at initial stage and issues not yet framed - Proposed amendment is most innocuous in the simplicitor suit for injunction against forcible dispossession and interference - Said amendment would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement 0 Amendment sought when case was fixed for rebuttal evidence and arguments - Proposed amendment was well within knowledge of defendant - Moreover, by way of amendment, defendant wants to set up entirely a new case by introducing the Will, which is not permissible - Application seeking amendment filed just to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 21 -- Amendment of plaint - Petition u/s 13 of Hindu Marriage Act - Amendment sought to incorporate certain facts which occurred during restitution of married life - Only subsequent events were brought by way of amendment - It cannot be said that these facts were in the knowledge of wife while..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - On the date of filing application relief sought to be incorporated by way of amendment was hopelessly barred by Article 58 & 113 of Limitation Act - Impugned order of allowing amendment by Appellate Court, sets aside...........
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...........
