Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought as a result of subsequent events which occurred during pendency of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction restraining the defendant from dispossessing the plaintiff and interfering with his peaceful possession as tenant over the shop which was on lease - - Defendants removed the articles from the shop and also removed the gate and fixed some brick in the shop on 30.1.1994 when..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction restraining defendant from dispossessing plaintiff and interfering with his peaceful possession - Amendment seeking possession and mandatory injunction - Application for amendment filed immediately after filing of plaint - Cause of action will not change, no limitation..........
Civil Procedure Code, 1908, Order 41, Rule 23A, Civil Procedure Code, 1908, Order 6, Rule 17 -- Merely because Appellate Court decided to allow amendment of plaint - Cannot remand the case for a retrial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought that plaintiff was always `Ready and willing' to perform his part of the contract and had sufficient money to tender the same to the defendant - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in a suit for specific performance - To incorporate averment that plaintiff was always ready and willing to perform his part of contract and had sufficient money to tender the same to defendants - Rights of defendant not affected by grant of such amendment - Suit at rebuttal stage of evidence - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for specific performance - Plaint - Amendment - `Ready and willing' sought to be specifically pleaded - Pleading already there that plaintiff approached the defendants with the balance of consideration amount but the defendants continued to avoid - Expiry of limitation for suit for specific performance of contract to..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 6, Rule 4 -- Suit challenging compromise recorded by LPA Bench - Nothing to show that compromise arrived at before LPA Bench was outcome of fraud, coercion, undue influence or any misrepresentation or LPA Bench recording compromise had no jurisdiction - Separate suit not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Petitioners purchased the land through registered sale deed after making the payment - But in the written statement did not take the plea of bona fide purchaser - Now seek to take the plea of bona fide purchaser - Held, this plea is supplemental and is not contradictory to the plea already..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - New plea supplemental and not contradictory to plea already taken - Should be allowed - Suit for declaration by sisters against brothers and vendees that transfer of land by their brothers beyond their share void and unauthorised - Vendees by amendment of written statement seek to take plea of..........
