Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission, limitation as to - Admission by a party may be withdrawn or may be explained away but such amendment should not be destructive of original case pleaded by the party and must not cause serious prejudice to rights of other party in taking that party by surprise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court has discretion to order amendment, even if barred by limitation on the date of application, in the interest of justice...........
Limitation Act, 1963 -- The provisions of the Limitation Act do not apply to any suit or any proceeding under any marriage law. (AIR 1989 SC 1477 followed)..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Whether it is State or individual, unless explanation is offered for delay that it is either reasonable or satisfactory to the satisfaction of Court, delay cannot be condoned - More than three months time lost for making application for certified copy of judgment in Arbitration application - Twenty days lost in..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree passed - Final decree - It is condonation of said proceedings - Period of limitation would not come into play...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Final decree (drawing up of) in partition suit after a preliminary decree passed - A continuation of proceedings - Period of limitation - Will not come into play - Preliminary decree when passed for partition - Court not only declares rights of parties but duty bound after further act is done, to pass a final decree -..........
Suit for possession -- Where a person enters into possession under a void transfer, a suit for possession on the basis of title against the transferee will not be barred - It is Article 65 of the Limitation Act which applies. (Limitation Act, 1963, Art.65)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - No limitation has been provided for the amendment of the plaint - Pleadings can be amended at any time during the pendency of the suit unless the claim is barred by time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No limitation provided - Amendment application 7 years after written statement filed - Cannot be a ground for dismissing application for amendment - In order to avoid multiplicity of pleadings - Just and proper to allow amendment...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of about 63 days in application for setting aside ex parte decree - Delay caused due to dereliction of duty on part of counsel in not informing party within time - Party not to suffer - Condonation allowed...........
