Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with prayer for amendment, Court ought not to observe on the merits of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Question as to whether party should or should not be allowed to amend its pleadings at the appellate stage cannot in its very nature be decided unless the appeal is first heard on merits - Appellate Court rightly passed the order directing to keep the application in abeyance and same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing the amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought is merely explanatory and clarificatory in nature which has no effect of altering nature of suit - Trial Court allowed amendment holding that amendment sought was imperative for just decision of the case on merits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - While considering an application for amendment, it is only the proposed pleading which is to be taken into consideration - Merits of proposed amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment should not be adjudged at the stage of allowing or dismissing prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering application for amendment, Court shall not go into merits of case - Primary object of Court is to see whether amendment is imperative for proper and effective adjudication and whether seeking amendment is bona fide or mala fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to incorporate counter claim - Merits of counter claim cannot be decided at the stage of considering application for amendment and will be decided at appropriate stage - Plaintiff will be free to raise all such objections in his written statement to counter claim and also by filing appropriate..........
