Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at stage when case was fixed for arguments - Plaintiff filed a suit for possession - Plea of defendant that plaintiff has no locus standi to file the suit as the defendant is in possession of the suit land for about 30 years - Amendment sought that defendant is owner by way of adverse..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By virtue of amendment applicant desired to substitute word `partner' by word `proprietor' in the plaint - Parties already at issue whether plaintiff - firm a partnership concern or had become sole proprietorship concern, and if so, whose proprietorship - Amendment neither alters basic case of plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought in second appeal - Averments regarding raising wall over the land by defendant and relief for mandatory injunction sought to be included in the plaint - Amendment making no change in the nature of suit - Amendment is allowed giving opportunity of evidence and hearing to both the parties...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Police constable wrongfully wounded plaintiff by a gun shot resulting in amputation of his right leg - When a person pleads and proves that he was tortured, maimed or assaulted by the police wrongfully, that established fact itself means that the fundamental right of that person to life is violated - Even in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Agreement to sell - Suit for recovery of money and for interest thereon - Amendment of plaint sought to convert into a suit for specific performance - Held, amendment cannot be allowed - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to seek specific performance of agreement to sell in a suit for recovery of amount paid under agreement as earnest money with interest - Cannot be allowed - Plaintiff having filed a suit only for recovery of money and for interest thereon precluded to convert that suit on a later date into suit for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - So far amendment is in consonance with the original cause of action the same should be permitted to be brought on record by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events to institution of suit so far as they are in consonance with original cause of action - Should be permitted to be brought on record - Suit for declaration and permanent injunction claiming to be owner in possession and restraining defendants from interfering in peaceful possession -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea sought to be raised mutually destructive of plea earlier taken - Such amendment cannot be allowed especially when amendment sought after long delay and after conclusion of evidence of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - An application is must setting out specifically (i) the additional pleading sought to be raised (ii) the pleadings sought to be deleted or altered...........
