Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Court while deciding application did not dealt with the fact as to whether amendment sought is necessary or not for just disposal of suit - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question as to whether pleadings made in application U.O.6.R.17 CPC are correct and reliable or not, can be adjudicated by trial Court only after recording of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Application for amendment filed on the basis of subsequent events - Rejection of application for amendment not proper - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Inconsistent pleas can be taken and even subsequent events can be allowed to be incorporated by way of amendment but not when total cause of action is going to be changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment not only to change cause of action but also to change nature of suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
