Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application U.O.6.R.17 CPC can be filed even at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Arguments partly heard - That itself not sufficient to deny an opportunity to defendants to amend the pleadings. ( Para 12)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Earlier plaintiff sought amendment of plaint which was allowed - At the time of final arguments defendant realised that there was requirement to amend the written statement - Perusal of proposed amendment proves that these amendments in the written statement are necessary consequences of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Time barred claim - Amendments which do not introduce a new claim for first time after expiry of period of limitation can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
