Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Specific admission - Application for amendment - Held, amendment which totally takes back admission earlier made cannot be permitted simply for the reason that it amounts to a vested right having been created in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief of re-payment of advance consideration received by vendor sought by vendees by way of amendment of plaint before commencement of trial - Held, seeking alternative relief of re-payment of advance consideration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical mistake - Para 1 of plaint admitted - Word `Not' omitted - However, when Para No.1 of the written statement read with paragraph 20 of the written statement it appears that there was typographic error on account of which the word `Not' could not be incorporated - Para 1 of written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Even after commencement of trial, Court may allow either of the parties to amend or alter their pleadings, if Court comes to the conclusion that despite due diligence, parties could not raise the matter before the commencement of trial...........
Land Acquisition Act, 1894, Section 23, 54, Civil Procedure Code, 1908, Order 6, Rule 17 -- Compensation - Enhancement - Assignees could not offer any tangible explanation that Land Acquisition Collector, Reference Court and High Court kept in dark about execution of assignment deeds by the landowners - Held, it is reasonable to presume that they had done so deliberately..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - No application was preferred by plaintiff for amendment of plaint - Held, order by trial court to amend the plaint was erroneous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - At the stage of consideration of application for amendment of pleadings the merits of amendment need not be gone into as also the issue of limitation - Parties can ask for appropriate issues to be framed in that regard at the hearing of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - Test is as to whether such an amendment is necessary for determination of real questions in controversy or for proper and effective adjudication of the case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement and counter claim - Amendment - Merely because the application for amendment is allowed does not mean that case of petitioner is accepted in so far as the amendment is concerned - Petitioner is bound to prove its case by leading evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff filed application for amendment before trial has commenced - Reasons set out in affidavit filed in support of application that subsequent to the filing of suit there was an encroachment and construction which has necessitated respondent herein to file such application for amendment - Held,..........
