Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement seeking to withdraw admission - Admission, if explained or shown to be erroneous - Can be withdrawn - If inadvertently incorrect fact mentioned in pleadings - Interest of justice require that amendment should be allowed - Admission made erroneously can be explained away or withdrawn by amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration challenging Will - Defendant in written statement claiming property on the basis of Will - Written statement mentions another person to be owner of property - Ex facie appears to be wrong - Amendment seeking to withdraw admission by mistake in written statement -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed incorporating status of Deity which it had at the time of institution - Fact that on a subsequent occasion a society registered and its chairman appointed and has been rendering its services to the Deity - Has no effect on controversy in the suit - Amendment of plaint whereby change sought to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in a suit for possession and declaration - By amendment taking plea to have been put in possession of suit property in part performance of agreement of sale and sale - deed in favour of plaintiff illegal, null and void - Right of agreement - holder became extinguished because of omission to file..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit assailing sale deed - Amendment sought to put correct description of property and to assail another sale deed claiming limitation from date of knowledge of said second sale deed - Amendment allowed as necessary for determining real question in controversy...........
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...........
