Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court should adopt liberal approach - Dominant object to allow amendment in pleadings liberally is to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Unless serious injustice or irreparable loss is likely to be caused to the other side, Court should adopt liberal approach and not a hyper-technical approach particularly in a case where the other side can be compensated with costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - One distinct cause of action cannot be substituted for another nor the subject matter of suit can be changed by means of an amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court at any stage of the proceedings can allow either party to alter or amend pleadings in such a manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties...........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Condition precedent for institution of a suit against Govt. or a public officer - No suit can be filed against Govt. or a public officer unless requisite notice u/s 80 (1) has been served on such Govt. or public officer - Section imposes a statutory and unqualified obligation upon Court - In absence..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Exemption - Leave of Court - Suit against Govt. or a public officer - Service of notice is imperative except where urgent and immediate relief is to be granted by the Court, but with the leave of the Court - Leave of Court is the condition precedent - Leave must precede the institution of the suit..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Suit against Govt. - Service of notice - Exemption - No urgent or immediate relief granted by the Court - Section 80(2) mandates that if Court is of the opinion that no urgent relief deserve to be granted, it should return plaint for presentation after complying with requirements as contemplated u/s 80(1)...........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Waiver of objection - No urgent or immediate relief prayed or granted - No specific objection by State about the maintainability in the written statement - State deemed to have waived off the objection...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Guiding principles - (i) Court may at any stage of the proceedings allow either party to alter or amend pleadings in such a manner and on such terms as may be just, (ii) All amendments shall be made which are necessary for the purpose of determining the real question of controversy between the..........
