Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Bonafide amendment can be allowed, at any stage of the suit - Amendments which are necessary for determination of real question in controversy can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court while considering application for amendment of written statement not obligated to go into correctness and falsity of the case of parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To be liberally construed and has to be treated on different pedestal than that of amendment of plaint - In case of amendment of written statement, defendant is entitled to take inconsistent pleas and in appropriate cases, even admission made on earlier occasion, can be allowed to be withdrawn..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and amendment of pleadings - Single application is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow amendment in the pleadings in a liberal manner where a case is at a preliminary stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application U.O.6.R.17 CPC can be filed even at the appellate stage...........
