Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
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 - Amendment sought to amend the door number as mentioned in plaint - Proposed amendment is not constitutionally or fundamentally changing the nature or character of suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 Proviso CPC to some extent curtails absolute discretion to allow amendment at any stage - Therefore, only a formal order of allowing amendment was required, which would not have caused any prejudice to party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground for filing an application of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of right accrued to defendant in the light of admission made in written statement cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Facts sought to be produced by way of amendment was well within knowledge of defendant on the date of filing of suit - There is absolute lack of due diligence on the part of defendant - Application rightly rejected...........
